517/2007 Coll. of Laws of the Slovak Rep.  
 
ACT 
 
of October 19, 2007  
 
on utility models and on alterations of and additions to certain laws  
 
Amendment: 495/2008 Coll. of Laws of the Slovak Rep.   
Amendment: 125/2016 Coll. of Laws of the Slovak Rep.   
Amendment: 242/2017 Coll. of Laws of the Slovak Rep.   
Amendment: 242/2017 Coll. of Laws of the Slovak Rep.   
Amendment: 291/2018 Coll. of Laws of the Slovak Rep.   
Amendment: 55/2023 Coll. of Laws of the Slovak Rep.   
The National Council of the Slovak Republ ic has adopted the following Act:  
 
Art. I 
 
 
PART ONE  
 
BASIC PROVISIONS  
 
§ 1 
 
Subject -matter of regulation  
 
This Act shall govern legal relations arising in relation to the creation, legal protection and application of a technical 
solution which is the subject -matter of a utility model application or of a utility model.  
 
§ 2 
 
Definition of some terms  
 
For purposes of this Act  
(a) biological material shall mean any material containing genetic information capable of reproducing itself or being reproduced in a 
biological system;  
(b) an essentially biological process for the production of plants or animals shall mean  a process consisting e ntirely of natural 
phenomena, such as crossing or selection;  
(c) a chemical substance shall mean any chemical element or any compound of chemical elements including any stabili zation 
additives and including all impurities arisen in a manufacturing process;  
(d) a pharmaceutical substance shall mean any substance or composi tion of substances which indicates curative or prophylactic 
effects in relation to human or animal affections, as well as any substance or composition of substances which can be adminis tered 
to a human or animal to determine a diagnose or to regenerate, im prove or modify physiological functions of a human or animal;  
(e) medical utili zation of a substance or composition of substances shall mean utilization for surgical or therapeutic methods for 
treating a human or animal body and diagnostic methods and dise ase prevention methods used on a human or animal body;  
(f) an international application shall mean  an application filed pursuant to the Patent Cooperation Treaty; 1) 
 
§ 3 
The Industrial Property Office of the Slovak Republic (hereinafter referred to as  the "Office”) enter s utility models into the 
register  of utility models (hereinafter referred to as the "Register") . 
 
Conditions  of Protection  
 
§ 4 
 
A technical solution  is eligible to be protected by a utility model , if it is new, involves an inventive step and is susceptible 
of industrial application . 
§ 5 
 
(1) The following, in particular, shall not be regarded as a technical invention within the meaning of this Act  
(a) discoveries, scientific theories and mathematical methods,  
(b) aesthetic creations,  
(c) schemes, rules and methods for performing mental acts, playing games or doing business,   
(d) programs for computers,  
(e) presentations of information.  
(2) Subject -matters or activities stated in subsection 1 shall be excluded from utility model protection only to the extent to 
which an application of a utility model (hereinafter referred to as "application”) relates to these subject -matters or activities as such.  
§ 6 
 
Exceptions to protection  
 
The following cannot be protected by a utility model:  
(a) technical solutions  the commercial exploitation of which would be contrary  to "ordre public" or morality ; the mere prohibition of 
the exploitation of a  technical solution by law shall not be considered to be contrary to "ordre public"  or morality within the meaning of this provision;  
(b) plant varieties and animal varieties;  
(c) essentially biological processes for the creation of plants or animals;  
(d) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods and disease prevention 
methods practiced  on the human or animal body,  
(e) technical solutions concerning products consisting of biological material or containing biological material or a process by means 
of which the biological material is produced, processed or used;  
(f) processes for produc ing chemical substances;  
(g) processes for producin g pharmaceutical substances; and  
(h) the medical u tilization  of substances and compositions of substances.  
 
§ 7 
 
Novelty  
 
(1) A technical solution shall be considered to be new if it does not form part of the state of the art under subsections 2 
and 4.  
(2) For the purposes of this Act, the state of the art shall be held to comprise everything made available to the public 
anywhere in any way before the date from which the applicant of a utility model (hereinafter referred to as "applicant") enjoys a 
priority right pursuant to section 3 4(1). 
(3) The contents of patent applications and patent  applications filed in the Slovak Republic with an earlier priority right 
shall also be considered state of the art, if they are published in the Official Gazette of the  Industrial Property Office of the Slovak 
Republic (hereinafter referred to as “Official Gazette”) on or after the day from which the applicant enjoys the priority rig ht. This 
shall also apply to international applications1) with designation for the Slovak Republic ; the publication of the international 
application shall mean publication in the Official Gazette, and to European patent applications2) with designation for the Slovak 
Republic (hereinafter referred to as “European  patent application”) ; the publication of the European patent application shall mean 
publication pursuant to Art . 93 or Art . 153 of the European Patent Convention.2) A classified patent application3) shall be considered 
published after the expiry of 18 mon ths from the date of the creation of the priority right.  
(4) A disclosure of the results of the applicant's work shall not be considered state of the art if it occurred not earlier than 
six months preceding the filing of the application . 
§ 8 
 
Inventive step  
 
(1) A technical solution shall be considered as involving an inventive step if it does not follow from the state of the art i n 
an obvious way for a person skilled in the art.  
 (2) When assessing the inventive step, the contents of applicati ons, patent applications, international applications and 
European patent applications that have not been published as of the date from which the applicant enjoys the right of priorit y shall 
not be taken into account.  
 
§ 9 
 
Industrial application  
 
 A technical solution shall be considered as susceptible of industrial application if it can be made or used in any industry, 
especially in the industrial industry or in agriculture.  
 
Heading  repealed as of January 1, 2018  
 
§ 10 
 
 (1) The right to a solution,  including the right to file an application (hereinafter referred to as the "right to a solution"), shall 
belong to the author of a technical solution  (hereinafter referred to as the " author "), unless section 11 provides otherwise.  
 (2) The author  is the one who created the technical solution  through his own creative activity.  
 (3) Co -authors  of the technical solution (hereinafter referred to as "co -authors ") shall have the right to a solution to the 
extent that they have participated in the creati on of the technical solution . Unless the co -authors  agree otherwise or unless the 
court decides otherwise, it holds that the share of the co -authors  in the creation of the technical solution  is identical . 
 
§ 11 
 
Employee solution  
 
 (1) If the author  has created a technical solution as part of the performance of tasks resulting from a labor law 
relationship, a similar work -related relationship or a membership relationship (hereinafter referred to as "employee solution "), the 
right to a solution belong s to the employer, unless the participants of this relationship have agreed otherwise. This does not affect 
the right to authorship . 
 (2) An author  having created an employee solution  is obliged to notify the employer of this fact in writing without delay,  
and at the same time to hand over to him all the documents necessary for the assessment of the technical solution . In the 
notification, the author  shall describe the technical problem and its solution, as well as the origin and essence of the employee 
solution  so that a person skilled in the art can implement the technical solution . 
 (3) The employer may exercise the right to a solution against the author  in writing within a period of three month s from 
the notification by the author  pursuant to subsection 2. The filing of an application, a European patent application or an international 
patent application, the subject -matter of which is an employee solution  and in which the author  who created the employee solution 
is listed as the author  shall be also consi dered an exercise of the right to a solution pursuant to the preceding sentence. If the 
employer exercises the right to a solution, he is obliged to immediately inform the author  in writing about the chosen method of 
protection of the employee solution , in particular about the filed application, European patent application or international patent 
application.   (4) If the employer does not exercise the right to a solution in the manner referred to in subsection 3 within the period 
pursuant to subsection 3 or notifies the author  in writing within this period that he does not exercise the right to a solution, this right 
shall be transferred to the author . 
 (5) Until the expiry of the deadline for exercising the right to a solution pursuant to subsection 3 o r until exercise of the 
right to a solution pursuant to subsection 3 or until the transfer of the right to a solution to the author  pursuant to subsection 4, 
whichever occurs first, the employer and the author  are obliged to maintain confidentiality toward s third parties about the employee 
solution . If the employer has exercised the right to a solution within the period pursuant to subsection 3, the author  is obliged to 
maintain confidentiality about the employee solution  towards third parties until it is made available to the public in accordance with 
this Act, the European Patent Convention , the Patent Cooperation Treaty or until it is made available to the public with the 
employer's consent , whichever occurs first. If the right to a solution has been tran sferred to the author  in accordance with 
subsection 4, the employer is obliged to maintain confidentiality about the employee solution  towards third parties until it is made 
available to the public in accordance with the previous sentence.  
 (6) The author , against whom the employer has exercised the right to a solution pursuant to subsection 3, has the right to 
an adequate remuneration in relation to the employer. When determining the amount of remuneration, the technical and economic  
significance of the em ployee solution  and the benefit that can be achieved through its exploitation or other application are decisive, 
taking into account the employer's material share in the creation of the employee solution  and the scope and contents of the 
author 's work task s. The remuneration shall be payable within one month from the exercise of the right to a solution.  
 (7) If the remuneration under subsection 6 does not correspond to the benefit achieved by the later exploitation or 
another application of the employee solution , or if the remuneration has been determined by the employer as a lump sum without 
taking into account the conditions under subsection 6, the author  has the right to an additional settlement. After the expiration o f 
three years from the exercise of the right to a solution, the employer, based on the author 's written request, is obliged to provide the 
author  with the source documents necessary to determine the amount of the additional settlement. If the employer prov ides the 
author  with information marked by the employer as confidential, the author  is obliged to keep it confidential towards third parties 
and must not use it for himself contrary to the purpose for which the employer provided it to him. The author  can e xercise the right 
to additional settlement at the earliest after three years have passed since the employer exercised the right to a solution. The right 
to additional settlement does not expire before the protection of the employee solution  lasts.  
 (8) The  rights and obligations under subsections 1 to 7 remain unaffected after the termination of the legal relationship 
between the author  and the employer.  
 (9) Co -authors  have the right to an adequate remuneration pursuant to subsection 6 and the right to additional settlement 
pursuant to subsection 7 to the extent that they have participated in the creation of the employee solution . Unless the co -authors  
have agreed other wise or unless a court has decided otherwise, it holds that the share of the co -authors in the creation of the 
employee solution  is identical.  
 (10) Provisions of the Civil Code shall apply to legal relations arising from an employee solution , unless other wise 
provided in subsections 1 to 9.  
 
§ 12 
 
Transfer and assignment of the right to a solution  
 
 (1) The right to a solution, with the exception of  the right to authorship , also belongs to the legal successors of the 
persons specified in section 10(1) and (3) and in section 11(1) and (4).  
(2) The contract for the assignment of the right to a solution must be in writing, otherwise it is invalid.  
 (3) The right to a solution is transferred to another person in cases established by special pieces of legislation.4)  
 (4) The assignment or transfer of the rights resulting from the application occurs simultaneously with the assignment or 
transfer of the right to a solution, which t akes place after the application has been filed.  
 
PART TWO  
 
EFFECTS OF A UTILITY MODEL  
 
§ 13 
 
Rights resulting from the entry  
 
(1) A utility model owner shall have the exclusive right to exploit a technical solution protected by the utility model, to 
prevent third parties from exploitation of a technical solution protected by the utility model without his consent, to provide his 
consent to the  exploitation of a technica l solution protected by the utility model, to assign the utility model to another person or to 
establish  a right of pledge  with respect to the utility model.  
(2) A utility model shall be effective from the day of notification of the entry of the utility model into the Register in the 
Official Gazette (section 43(2)) . 
(3) The applicant shall receive a  reasonable compensation from the person who has used the subject -matter of an 
application after publication of the application. The r ight to a reasonable compensation shall be exercised  only from the da te on 
which the effects of the utility model begin.  
 
§ 14 
 
Scope of protection  
 
(1) The s cope of protection resulting from a  utility model is determined by the wording of the protection claims. In case of 
uncertainties, the d escription of the technical solution or, where applicable,  drawings shall be used for the interpretation of terms 
used in the protection claims.  
(2) The s cope of protection resulting from an application is preliminarily determined by the wording of the protection 
claims published pursuant to section 38(4)  or 38a(2) . The s cope of such preliminar y protection is retroactively determined by  the 
claims for utility model protection; this does not apply if broader protection results from the utility model than from the published 
application.  
 
 
 
 § 15 
 
Exploitation of a utility model  
 
The exploiter of a utility model is the person who:  
(a) produces, uses, offers or places on the market, or for this purpose stores or imports, a product that is protected by the  utility 
model,  
(b) uses a process protected by the utility model (hereinafter referred to as the "protected process") or offers such a protected 
process for use to another person,  
(c) produces, uses, offers or places on the market, or for this purpose stores or imports, a product directly obtained in a p rotected 
process , with identical products being considered  produced through a protected process, unless the contrary is proved , 
(d) deliver s or offer s for delivery to a person who is not authorized to exploit  the utility model  the means used for the 
implementation of the technical solution protected by the utility model , if he knows or, taking into account the circumstances, should 
know that these means are intended or suitable for the implementation of the technical solution ; this does not apply if these means 
are availab le on the market and the supplier did not instigate the person , unauthorized to exploit the utility model, to act contrary to 
paragraphs (a) to (c).  
§ 16 
 
Exhaustion of rights  
 
The utility model owner does not have the right to prohibit third parties from disposals of the product protected by the 
utility model after this product has been placed on the market by the utility model  owner or with his express consent in a member 
state of the European U nion or a state that is a party to the Agreement on the European Economic Area.  
Limitation of the effects of a utility model  
§ 17 
(1) The right of a utility model owner cannot be exercised against a person who, prior to the emergence of the priority 
right, exploited the technical solution protected by the utility model or carried out demonstrable preparations directly aimi ng at the 
explo itation of the technical solution protected by the utility model independently of the utility model author or owner (hereinafter 
referred to as "prior user”) in the territory of the Slovak Republic.  
(2) The assignment or transfer of the prior user's right to exploit the technical solution under subsection 1 shall be possible 
exclusively as part of the transfer or passage of the business enterprise or its part within which the technical solution is being exploited.  
§ 18 
 
 (1) The rights of the utility model owner are not violated if the technical solution is exploited  
(a) on vessels of other countries that are contracting parties to an international convention5) or members of the World Trade 
Organization6), in the vessel's hull, in the machinery, in the vesse l's equipment, in the devices and other accessories, if those vessels 
temporarily or accidentally enter the territory of the Slovak Republic and the technical solution is used exclusively for the  needs of 
the vessel,  
(b) in the construction or operation of  aircraft or vehicles of countries being contracting parties to an international convention5) or 
members of the World Trade Organization,6) or in the case of parts or other accessories of these aircraft or vehicles, if they temporarily 
or accidentally ente r the territory of the Slovak Republic,  
(c) when carrying out activities pursuant to an international contract,7) if these activities concern the aircraft of the state that enjoys 
the advantages of this contract,  
(d) in individual preparation of a medicine  in a pharmacy on the basis of a medical prescription or during activities related to the 
medicine prepared in this way,  
(e) in activities carried out privately and for non -commercial purposes,  
(f) in activities carried out for experimental purposes,  
 (2) Persons using the technical solution under subsection 1(d) to (f) are not considered to be persons exploiting the 
technical solution under section 15(d).  
§ 18a  
 
Utility model owner  
 
 Utility model owner shall mean the legal entity or natural person registered as the owner in the Register, unless a court 
decides otherwise.  
§ 19 
 
Co-ownership of a utility model  
 
 (1) The co -ownership share in a utility model is derived from the extent of the right to a solution, unless the co -owners of 
the utility mode l agree otherwise.  
 (2) On the basis of a request documented by a written agreement concluded between the utility model owner or all co -
owners of the utility model and the person who has the right to a solution under section 10 to 12, the Office will enter  such a person 
in the Register as a co -owner of the utility model.  
 (3) Each of the co -owners of the utility model has the right to exploit a utility model, unless the co -owners of the utility model 
agree otherwise. In case of unauthorized interference wit h the exclusive rights pursuant to section 13, each of the co -owners of the 
utility model can assert claims pursuant to section 28 by a court action in accordance with the Code of Contentious Civil Pro cedure 
or by a motion according to a special piece of l egislation.7a) As soon as the proceedings according to the previous sentence started 
or have been finally ended, court actions in accordance with the Code of Contentious Civil Procedure or motions according to a 
special piece of legislation7a) of other co -owners of the utility model for the same claims from the same unauthorized interference are 
not permissible; this is without prejudice to the right of those co -owners of the utility model to intervene in the initiated proceedings as the plaintiff. Final de cisions on claims pursuant to section 28(1) issued on the basis of a court action of even one co -owner of the 
utility model are also binding for other co -owners of the utility model; this does not affect the right of co -owners of the utility model to 
asser t claims in accordance with section 28(2).  
 (4) Granting the right to exploit a utility model to a third party requires the consent of all co -owners of the utility model, 
unless the co -owners of the utility model agree otherwise; this does not affect the r ight of a co -owner of the utility model to disposals 
of their co -ownership share in accordance with section 20 to 22.  
 (5) The agreement on cancellation of co -ownership of the utility model and mutual settlement must be in writing, otherwise 
it is invalid.  The agreement according to the first sentence shall acquire legal effects vis -à-vis third parties on the day of entry into the 
Register.  
 (6) If the co -owner of the utility model has no legal successor, after the death or cessation of the existence of the  co-owner 
of the utility model, his share shall be transferred to the other co -owners of the utility model in a proportion corresponding to their co -
owner shares; this also applies if the utility model co -owner gives up his share.  
 (7) Subsections 1 to 6 s hall be applied mutatis mutandis to legal relationships between co -applicants.  
 (8) The provisions of the Civil Code on ownership in common8) shall be applied mutatis mutandis to the legal relationships 
between the co -owners of the utility model, unless su bsections 1 to 7 provide otherwise.  
§ 20 
 
Utility model assignment  
 
 (1) A contract for the assignment of a utility model must be in writing, otherwise it is invalid. A partial assignment of a u tility 
model is not permissible.  
 (2) The assignment of a util ity model shall acquire legal effects vis -à-vis third parties on the date of entry of the assignment 
of the utility model in the Register. The rights of third parties acquired prior to the date of the entry of the assignment o f the utility 
model in the Reg ister shall remain preserved.  
 (3) The entry of the assignment of a utility model in the Register shall be carried out by the Office on the basis of a reque st 
for the entry of the assignment of a utility model, which any of the parties to the contract on the assignment of the utility  model is 
authorized to file. The Office shall refuse  a request for the entry of the assignment of a utility model unless the requester attaches 
documents proving the assignment of the utility model to the request; before deciding on the refusal  of the reques t for the entry of 
the assignment of the utility model, the Office shall allow the requester to comment on the established reasons on the basis of which 
the request for the entry of the assignment  of the utility model is supposed to be refus ed. 
 (4) The ac quirer of the utility model may perform acts towards the Office only after receiving the request for the entry of the 
assignment of the utility model; this does not apply to filing a request pursuant to subsection 3 and filing a request for th e extension 
of the validity of a utility model pursuant to section 26(2).  
 (5) Subsections 1 to 4 shall also be applied mutatis mutandis to the assignment of rights resulting from the application.  
§ 21 
 
Utility model transfer  
 
 (1) A utility model is transferred to a new owner by registration in another person's name pursuant to section 47 and in 
cases stipulated by special pieces of legislation.4)  
 (2) The transfer of the utility model shall acquire legal effects vis -à-vis third parties on the date of  the entry of the transfer 
of the utility model in the Register. The rights of third parties acquired prior to the date of transfer of the utility model  shall remain 
preserved; this does not apply in the case of a registration in another person 's name  pursuant to section 47.  
 (3) The entering of the transfer of a utility model in the Register shall be carried out by the Office on the basis of a requ est 
of the original utility model owner or on the basis of a request of the new utility model owner. The Offic e shall refuse  the request for 
entry of the transfer of the utility model unless the requester attaches to the request the documents proving the transfer of  the utility 
model; before deciding on the refusal  of the request for the entry of the transfer of t he utility model, the Office shall allow the requester 
to comment on the established reasons on the basis of which the request for the entry of the transfer of the utility model is  supposed 
to be refus ed. 
 (4) The new utility model owner may perform ac ts towards the Office only after the request for the entry of the transfer of 
the utility model has been delivered; this does not apply to request filings under subsection 3 and to the filing of a reques t for extension 
of the validity of a utility model pursua nt to section 26(2).  
 (5) Subsection 1 to 4 shall also be applied mutatis mutandis to the transfer of rights resulting from the application.  
§ 22 
 
Right of pledge  
 
 (1) A right of pledge may be established for a utility model. The establishment of a right of pledge with respect to a part of 
the utility model is not permissible.  
 (2) The contract on the establishment of a right of pledge with respect to a utility model must be in writing, otherwise it i s 
invalid.  
 (3) At the request of the pledgee or at the request of the pledgor, the Office shall enter the right of pledge in the Register. 
The Office shall re fuse the entry of the right of pledge with respect to the utility model unless the requester attaches to the request 
the documen ts proving the transfer of the utility model; before deciding on the refusal  of the request for the entry of the right of pledge 
with respect to the utility model, the Office shall allow the requester to comment on the established reasons on the basis of  which the 
request for the entry of the right of pledge with respect to the utility model is supposed to be refus ed. 
 (4) Subsections 1 to 3 shall also apply mutatis mutandis to the right of pledge with respect to the application and to the 
right of pledge w ith respect to the utility model that will be granted in the future8a) (hereinafter referred to as "right of pledge with 
respect to the application"). The entry of a utility model does not affect the entry of the right of pledge with respect to a n applicat ion 
and is considered to be an entry of a right of pledge with respect to the utility model, unless otherwise agreed in the contr act for the 
establishment of the right of pledge or if it does not follow otherwise from the decision by which the right of ple dge has been 
established. A modification or division of the application (section 39) does not affect the entry of the right of pledge with  respect to 
the application; in the case of a division of the application (section 39(2)), the Office shall enter a ri ght of pledge also with respect to 
divisional  applications.  
 (5) Provisions of the Civil Code shall apply to the creation, termination  and exercise of a right of pledge with respect to a 
utility model,9) unless otherwise provided in subsections 1 to 4.  § 23 
 
License contract  
 
 (1) The utility model owner may grant another person the right to exploit a utility model (hereinafter referred to as the 
"license") by means of a license contract.  
 (2) The license shall acquire legal effects vis -à-vis third parties on the date of entry into the Register. The entry of the 
license shall be carried out by the Office based on a request for the entry o f the license, which any of the parties to the license 
contract is authorized to file. The Office shall re fuse the entry of the license unless the requester attaches to the request the 
documents proving the license; before deciding on the refusal  of the request for the entry of license, the Office shall allow the 
requester to comment on the established reasons on the basis of which the request for the entry of the license is supposed to  be 
refused . 
 (3) The utility model owner may grant an exclusive license or a non -exclusive license by means of a license contract. 
Unless it has been agreed in the license contract that the utility model owner has granted an exclusive license, it holds tha t he has 
granted a non -exclusive license.  
 (4) If the utility model owner has granted an exclusive license, he must not grant the license to a third party and is obliged, 
unless otherwise agreed in the license contract, to refrain from using the utility model himself.  
 (5) If the utility model owner has grant ed a non -exclusive license, his right to exploit the utility model (section 13) and his 
right to grant a license to a third party are not affected.  
 (6) A license contract by which the utility model owner granted a license to a third party is invalid if th e licensee of the 
previously granted exclusive license has not given prior written consent to conclude such license contract.  
 (7) The assignment or transfer of the right of the licensee is possible exclusively as part of an assignment or transfer of a  
business enterprise or its part within which the utility model is used on the basis of a license, unless the license contract st ipulates 
otherwise.  
 (8) Unless otherwise agreed, in the event of unauthorized interference with exclusive rights pursuant to secti on 13, the 
licensee of a non -exclusive license, on his own behalf  and on his own account, can assert claims pursuant to section 28 by means 
of a court action pursuant to the Code of Contentious Civil Procedure or a motion pursuant to a special piece of leg islation7a) only 
with the consent of the utility model owner; the licensee of an exclusive license can do so if the utility model owner, after  a written 
notification, does not assert claims pursuant the Code of Contentious Civil Procedure pursuant to secti on 28(1). The provisions of 
the previous sentence do not affect the rights and obligations of the utility model owner and licensee under the Commercial C ode9a) 
nor the right of the licensee to intervene in proceedings initiated by the utility model owner a s an intervener.  
 (9) Subsections 1 to 8 shall also apply mutatis mutandis to the license contract by which the applicant grants authorization 
to exploit the technical solution being the subject -matter of the application (hereinafter referred to as the "li cense for the application"). 
The entry of a utility model does not affect the entry of a license for the application, unless otherwise agreed in the licen se contract. 
A modification or division of  the application (section 39) does not affect the entry of t he license for the application; in the case of a 
division of the application (section 39(2)), the Office shall also enter a license for the divisional  applications.  
 (10) Provisions of the Commercial Code10) shall apply to the creation, termination  and exercise of the rights resulting from 
a license contract, unless otherwise provided in subsections 1 to 9.  
Compulsory license  
 
§ 24 
 
 (1) Upon motion, a court may grant a compulsory license to anyone who demonstrates the ability to use the technical 
solution protected by the utility model, on the territory of the Slovak Republic, provided that  
(a) four years have passed since the filing of the application, or three years since the entry of the utility model in the Re gister, 
whichever expires later,  
(b) the movant for the granting of the compulsory license gave the utility model owner, prior to filing the motion, a proper offe r to 
conclude a license contract and this offer was not accepted by the utility model owner within three months of its filing, and  
(c) the technical solution is not used on the territory of the Slovak Republic without adequate reason on the part of the uti lity model 
owner or is exploited insufficiently, and the subject -matter of the protected utility model is not supplied as a produc t to the market in 
the Slovak Republic in sufficient quantities by the utility model owner. Absence of a reasonable cause is presumed until prov en 
otherwise.  
 (2) A compulsory license can only be granted as a non -exclusive license and its duration and scop e shall be limited to the 
purpose for which it is granted, with the condition of preferential satisfaction of the needs of the domestic market.  
 (3) In the event of a threat to an important public interest, a compulsory license may be granted regardless of  subsection 
1(a) and (b). The utility model owner must be informed of this fact.  
 (4) The assignment or transfer of the right of the licensee of the compulsory license is possible only as part of the 
assignment or transfer of the business enterprise or its  part within which the technical solution is exploited on the basis of the 
compulsory license.  
 (5) The licensee of a compulsory license may waive the rights resulting from the compulsory license by a written notification  
delivered to the Office. The waive r of the right shall take effect as from the date of delivery of the notification to the Office or the later 
date specified in the notification as the date on which the licensee of the compulsory license waives his rights.  
§ 25 
 
 (1) The granting of a comp ulsory license does not affect the utility model owner's right to an adequate compensation 
therefor.  
 (2) In the event of a substantial change in the circumstances that led to the granting of the compulsory license, a court 
may, upon motion of one of the p articipants of the licensing relationship, cancel the decision on the granting of the compulsory 
license, provided that the re -occurrence of the reasons for the granting of a compulsory license is unlikely or that the rights resulting 
from the compulsory l icense have not been used during one year.  
 (3) The Office shall enter the valid decision on the granting and cancellation of the compulsory license in the Register 
without undue delay.  
 
 
 
 § 26 
 
Validity and term of protection  of a utility model  
 
(1) A utility model shall be valid four years from the da te of filing an application.  
(2) Upon a request filed by the utility model owner, pledgee or another person which proves a legal interest, t he Office 
shall extend the utility model validity not more than twice, each time for another three years up to a total term of protection of ten 
years from the day of filing the application.  
(3) If a utility model has been entered into the Register after the period pursuant to subsection  1 expired, the Office shall 
extend the utility model validity without request.  
(4) A request for an e xtension of the utility model validity can be filed at the earliest during the last year of its validity. If 
the request for an extension of the utility model validity has not been filed during the last year of its validity at the latest on the da y 
which is identical , in terms of its designation,  with the da te of filing an application, it shall hold that the request for an extension of 
the utility model validity has not been filed; subsection 5 remains unaffected by this . 
(5) If a request for an extension of the utility model validity has  not been filed within the time limit under subsection  4, the 
request for an extension of the utility model validity can be filed within a sufficient  additional  period of six months which begins on 
the day subsequent to the day on which, pursuant to subsection 4, the request for an extension of the utility model validity was 
supposed to be filed at the latest. If the request for an extension of the uti lity model validity has not been filed not even during the 
additional period, the utility model shall terminate  on the day on which, pursuant to subsection 4, the request for an extension of the 
utility model validity was supposed to be filed at the latest.  
(6) Rights of third parties who , after the time limit for filing the request for an extension of the utility model validity 
pursuant to subsection 4 expired to no effect, started to exploit the technical solution in good faith or have made demonstra ble 
preparations for such exploitation, shall remain unaffected by the extension of the validity performed on the ba sis of a request for 
an extension of the utility model validity filed within the additional period. In case of doubts, action of a third party sha ll be 
considered action in good faith, until the contrary is proved.  
(7) Since the date of delivery of the req uest for the entry of a litigation regarding the right to a solution into the Register 
(section 49(4)), the running of the time limit period for the filing of a request for an extension of the validity of a utili ty model shall be 
interrupted until the expi ry of six months from the date of the finality of the decision of the court.  
 
 
§ 27 
 
Termination  of the utility model  
 
 (1) A utility model shall terminate  
(a) on the date of the end of its period of validity,  
(b) on the effective date of a utility model surrender . 
 (2) The surrender of a utility model under subsection 1(b) becomes effective on the date of delivery of the notification of 
the surrender  to the Office or the date which is indicated in the notification as the date on which the utility model owner surrenders  
the utility model. A partial surrender  of a utility model is not permissible.  
 (3) The surrender  of a utility model, to which the rights of third parties entered in the Register are attached, becomes 
effective only upon submission of the written consent of the person whose rights and legitimate in terests may be affected by the 
termination  of the utility m odel. The same applies in the case of the existence of a litigation entered in the Register, the subject -matter 
of which is the right to a solution, until the expiration of six months of the date of finality of the court's decision.  
Enforcement of rights  
 
§ 28 
 
Heading  repealed as of January 1, 2018  
 
 (1) In the case of unauthorized interference with exclusive rights pursuant to section 13, the utility model owner may 
demand, in particular, that the violation of the right or the endangering of the right be prohibited and the consequences of this 
interference be removed.  
 (2) If damage has been caused by interference with the rights pursuant to subsection 1, the utility model owner has the 
right to compensation for the damage, including lost profit. If non -proprietary damage has been caused by interference with the rights 
pursuant to subsection 1, the utility model owner has the right to adequate satisfaction, which may also monetary performance .11) 
The right to the recovery of property obtained as a result of unjust enrichment as a result of interference with the rights under 
subsection 1 is not affected by this.  
 (3) The right to compensation for damages or the right to adequate satisfaction in money pursuant to subsection 2 shall 
expire three years from the date the utility model owner becomes aware of the damage or non -proprietary damage and of who is 
responsible for it; when exercising the rights pursuant to section 13(3) there will be no time bar earlier than three years o f the date 
on which the e ffects of the utility model begin. At the latest, the right to compensation for damages or the right to adequate satisfaction  
in money pursuant to subsection 2 shall be time -barred five years, and in the case of damage or non -proprietary damage caused 
intentionally, ten years from the day when the rights pursuant to subsection 1 were interfered with, or from the date from which the 
effects of the utility model take effect, whichever of these facts occurs later.  
 (4) The right to the recovery of property obt ained as a result of unjust enrichment pursuant to subsection 2 expires three 
years after the utility model owner learns that unjust enrichment has occurred and who has enriched himself at his expense; w hen 
exercising the rights pursuant to section 13(3) t he time bar shall not occur earlier than three years from the date on which the effects 
of the utility model begin. At the latest, the right to the recovery of property obtained as a result of unjust enrichment pu rsuant to 
subsection 2 shall be time -barred  five years, and in the case of intentional unjust enrichment, ten years from the date when the rights 
pursuant to subsection 1 have been interfered with or from the date from which the effects of the utility model begin, whiche ver of 
these facts occurs la ter. 
 (5) Provisions of the Civil Code shall apply to legal relations that have arisen as a result of the interference with rights 
pursuant to subsection 1, unless otherwise provided in subsections 1 to 4.  
 
 
 § 29 
 
Right to information  
 
 (1) In the case of un authorized interference with the rights protected by this Act, the utility model owner may request that 
the person who violates or endangers his rights provide him with information regarding the origin of the product or services and the 
circumstances of th eir placing on the market.  
 (2) The information pursuant to subsection 1 shall contain in particular  
(a) the first and last name or business name or name and place of permanent residence or place of business or registered offi ce of 
the manufacturer, proces sor, storer, distributor, supplier, seller, intended seller and other previous holders of the product or service 
provider,  
(b) data on the produced, processed, delivered or ordered quantity and the price of the respective products or services.  
 (3) A perso n who  
(a) possesses products that violate rights pursuant to this Act,  
(b) uses services that violate rights pursuant to this Act,  
(c) provides services used in activities related to a violation of rights pursuant to this Act, or  
(d) has been designated by a person mentioned in paragraph s (a) to (c) as a person involved in the production, processing or 
distribution of products or the provision of services violating rights pursuant to this Act,  
is also obliged to provide information pursuant to subsections 1 and 2.  
 (4) The court shall not grant the right to provide information if the possible consequences of its exercise would be 
disproportionate to the seriousness of the consequences resulting from the fulfilment  of the  imposed obligation.  
 
§ 30 
 
Judicial protection of rights  
 
 (1) Disputes about rights under this Act shall be discussed and decided by courts11a, unless this Act provides otherwise.  
 (2) A court may even without a motion  
(a) call upon the plaintiff to subm it the result of a search for the state of the art under section 38(4) or 39(2) (hereinafter referred to 
as the "search report") or a report on an international -type search pursuant to 38a for the subject -matter protected by the utility model,  
(b) call upo n the defendant o file a motion for a deletion of the utility model pursuant to section 44 and section 45 within the timit li mit 
determined by the court,  
(c) even in another way, produce evidence about whether the conditions of protection under this Act ar e met.  
 (3) Upon motion, a court shall order that products, materials or instruments through which a violation of the law or 
endangering of the law directly occurs be in particular  
(a) recalled from the channels of commerce,  
(b) definitively removed from t he channels of commerce,  
(c) otherwise secured in a manner preventing further violations or endangering of the law,  
(d) destroyed in an appropriate manner.  
 (4) Measures pursuant to subsection 3 shall be carried out at the expense of the person violating or endangering the rights 
protected by this Act, unless special circumstances justify a different procedure.  
 (5) The motion pursuant to subsection 3(d), in the part concerning the method of destruction, it is not binding on the court.  
 (6) Upon motion, a court may request from the Office an expert opinion11b) on questions related to the scope of protection 
resulting from the specific utility model.  
§ 31 
 
Special provisions on preliminary injunctions  
 
(1) Prior to ordering a preliminary injunction12), a court may, even without a motion, call upon the movant to submit a 
search report or a report on an international -type search pursuant to section 38a for the subject -matter protected by the utility 
model. If the movant does not comply with the call or the court reaches the conclusion that the conditi ons of protection under this 
Act have not been met, it shall re fuse the  motion for an order for a prelimin ary injunction.12a)  
 (2) In the resolution ordering a preliminary injunction,12) a court may, even without a motion, impose on the movant the 
obligation to post monetary security in an adequate amount or make the enforceability of the preliminary injunction condition al on the 
posting of a monetary security. When deciding on the amount of the monetary security, the court shall take into account the extent 
of the damage or other loss that may be incurred by the other party, as well as the movant 's possibilities in terms of property, prov iding 
that the imposition of the obligation to post security must not be a significant obstacle to an effective application of the law. 
 (3) A final legally awarded compensation for damages or other loss shall be satisfied from the posted security pursuant  to 
subsection 2.12b) The obligation to compensate for damage or other loss that has not been satisfied from this security shall not be 
affected by this.  
 (4) The court shall return the posted security pursuant to subsection 2 or its proportional part to t he movant, if  
(a) the injured party does not assert a claim for compensation for damages or other loss12(b) in court within six months from the date 
on which the injured party became aware of the occurrence of the damage or other loss, but no later than th ree years from the order 
of the preliminary injunction,  
(b) an agreement of the parties on the use of monetary security has been presented to the court or  
(c) the movant has succeed ed, wholly or partially, in rem. 
 
PART THREE  
 
PROCEEDINGS BEFORE THE OFFICE  
 
§ 32 
 
Application  
 
 (1) The entry of a utility model may be requested by an application filed at the Office.  (2) The application may be filed by a person or persons who have the right to a solution pursuant to section 10(1) and (3), s ection 
11(1) and (4) or section 12(1).  
 (3) If the right to a solution belongs to several persons, it is allowed that one or several of these persons file(s) the 
application on its (their) own behalf. On the basis of a request documented by a written agreement co ncluded between the applicant 
or applicants and a person who has the right to file an application pursuant to subsection 2, the Office will enter such a pe rson in the 
Register as a co -applicant.  
 (4) The subject -matter of the application may be only one te chnical solution or a group of technical solutions that are 
connected to each other in such a way that they form a single technical idea.  
 (5) The technical solution must be described and explained in the application so clearly and completely that an exper t can 
implement it.  
 (6) The application must contain:  
(a) a request for an entry in the register of utility models with an indication of the name of the technical solution,  
(b) a description of the technical solution , abstract and, where applicable, draw ings,  
(c) at least one protection claim,  
(d) identification data of the applicant or co -applicants,  
(e) identification data of the author or co -authors,  
(f) a proof of the acquisition of the right to a solution, if the applicant is not the author, or infor mation that the subject -matter of the 
application is an employee solution.  
§ 33 
 
Application filing date  
 
 (1) The application filing date shall be deemed to be the date of delivery or of supplementing of the filing which contains at 
least  
(a) data from wh ich the intention of the applicant to file the application is obvious,  
(b) data enabling the identification of the applicant and contact with the applicant, and  
(c) the part that appears as a description.  
(2) The applicant's obligation to perform the filing in the state language13) pursuant to section 58(10) does not apply to the 
purpose of the determination of the application filing date with respect to the part of the filing pursuant to subsection 1(c ). 
§ 34 
 
Priority right  
 
 (1) The priority right shall arise for the applicant  
(a) on the application filing date or  
(b) on the date of the priority right pursuant to the conditions specified in an international convention,13a) which results from the first 
application, patent application, inventor' s certificate or utility certificate with an identical subject -matter.  
 (2) The priority right pursuant to subsection 1(b) can be exercised from the first application, patent application, inventor' s 
certificate or utility certificate with an identical subj ect-matter filed in a state or in relation to a state that is a party to an international 
convention5) or that is a member of the World Trade Organization.6) Otherwise, this right can only be exercised if the condition of 
reciprocity has been met.  
(3) The priority right pursuant to subsection 1(b) must be exercised by the applicant as early as in the application and to prove thi s 
right by a document of the priority right within three months from its filing.  
 (4) If the applicant does not prove the priority right properly and in time pursuant to subsection 3, the Office shall grant the 
priority right on the basis of a justified request for subsequent granting of a document of the priority right, provided that  
(a) a request for the issuance of a document of th e priority right has been filed to the competent authority no later than on the date 
of filing the application in the Slovak Republic pursuant to section 33 and,  
(b) a request for subsequent recognition of the document of the priority right together with t he document of the priority right was filed 
not later than 30 days after the date of delivery of the document of the priority right to the applicant.  
 (5) The Office may call upon the applicant to submit a translation of the document of the priority right to the state language.  
 (6) In the proceedings, the Office does not take into account the exercise of the priority right and a proof of the priority right 
that does not meet the conditions pursuant to this provision. The Office shall notify the applicant of this fact.  
 (7) At the request of the applicant or utility model owner, the Office shall issue a document certifying the priority right 
resulting from the application.  
§ 35 
 
Deflection from the patent application or from the European paten t applicant  
 
 (1) If the applicant has applied for the granting of a patent in the Slovak Republic14) for an identical subject -matter prior to 
filing an application, he can request the granting of the date of filing, or where applicable also the priority r ight from this patent 
application or European patent application, when filing the application. The Office shall grant to the application the filing  date, and 
possibly also the priority right from this patent application or European patent application, if t he application is filed within two months 
from the finality of the decision on this patent application or European patent application, but not later than within 10 yea rs from the 
filing of this patent application or the European patent application.  
 (2) Th e applicant exercising the right pursuant to subsection 1 is obliged to submit, within three months from the filing of 
the application, a counterpart of the European patent application, whose  date of filing or, where applicable, priority right he invokes, 
otherwise it is not taken into account.  
§ 36 
 
Conversion of a European patent application  
 
 (1) Based on a request of an applicant of a European patent application for conversion of a European Patent Application 
to an application (hereinafter referred to as "conversion") filed pursuant to Art. 135 of the European Patent Convention, the  Office 
shall start proceedings on the application pursuant to part three of this Act.   (2) The applica nt is obliged to submit a translation of the European patent application into the state language within three 
months upon a call of the Office.  
 (3) If the request for conversion is not filed within three months from the day when the European patent applic ation was 
withdrawn or when a notification that the European patent application is considered withdrawn, or a decision on the refusal  of the 
European patent application or on revocation of a European patent was delivered, the applicant shall lose the priority right resulting 
from the originally filed European patent application.  
 (4) If the request for conversion has been filed in viola tion of Art. 135 and 137 of the European Patent Convention,2) the 
Office shall re fuse the request for conversion.  
§ 37 
 
Suspension of the application proceedings  
 
 (1) If there are court proceedings, the subject -matter of which is the right to a solution, the Office shall suspend the 
application proceedings at the request of one of the parties to the litigation; the publication of the application shall rema in 
unaffected by this. The applicant shall attach a counterpart of the court action, certified by the court, to the request for suspension 
of the application proceedings.  
 (2) During the suspension of the proceedings, the running of the prescribed time periods under this Act shall stop.  
 (3) Upon the finality of the decision by which the litigation regardi ng the right to a solution was decided and a possible 
registration in another person's name, the Office shall continue the proceedings suspended pursuant to subsection 1.  
 
§ 38 
 
Examination and publication of the application  
 
(1) If an application fails to  meet conditions pursuant to section 32(2) and (6) or section 39(1) or fails to meet 
requirements pursuant to a generally binding piece of legislation issued under section 59, the Office shall call upon the app licant to 
remove the deficiencies within a spe cified time limit. If the applicant fails to remove the deficiencies within the set time limit, the 
Office shall discontinue the application proceedings.  
(2) If an application contains a subject -matter which is not considered a technical solution pursuant to section 5 or is 
excluded from protection pursuant to section 6, or if the subject -matter of the application apparently fails to meet the condition 
pursuant to section 9, or the application fails to meet the condition pursuant to section 32(5), the Office shall re fuse the application. 
Prior to the decision on the refusal  of the application, the Office shall enable the applicant to comment on the reasons on the basis 
of which the application is supposed to be refus ed. 
(3) In case of doubt, the Off ice may call upon the applicant to demonstrate the usability of the subject -matter of the 
application by presenting it or in another appropriate way. If the applicant fails to demonstrate the usability or to comply with the 
call, the subject -matter of the application is not usable.  
(4) If the application proceedings have not been discontinued pursuant to subsection 1 or if an application has not been 
refus ed pursuant to subsection 2, the Office shall perform a search for the state of the art with respect to  the application subject -
matter, notify the search report to the applicant, publish the application together with the search report and shall notify t he 
publication in the Official Gazette. This does not apply, if the Office has already published the appli cation together with a report on 
an international -type search and has notified the publication in the Official Gazette pursuant to section 38a(2).  
(5) At the applicant's request filed within three months from the date of filing the application, the Office shall postpone the 
publication of the application, but not for more than 15 months from the date of filing the application. When filing the appl ication, the 
applicant can waive, in writing, the right to request a postponement of the publication of the appl ication.  
§ 38a  
 
International -type search  
 
 (1) Upon the applicant's request, the Office shall enable the international search authority14a) to conduct an international -
type search regarding the subject -matter of the application.  
 (2) If the application pursuant to subsection 1 was filed within three months from the creation of the priority right and if in 
the application proceedings a report on an international -type search was filed, which was carried out by the Office as a branch of the 
Visegrad Patent Institute in accordance with an international contract,14b) the Office shall publish the report on the international -type 
search together with the application and it shall notify the publication in the Official Gazette; this does not apply if t he Office has 
already published the application together with the search report and has notified the publication in the Official Gazette pu rsuant to 
section 38(4).  
§ 39 
 
Modification and division of the application  
 
 (1) The applicant may modify the applic ation during the application proceedings; modifications and alterations made to the 
application may not go beyond its original filing.  
 (2) Until the moment of the entry of the utility model in the Register pursuant to section 43, the applicant may divide the 
application. The Office shall grant the divisional applications a filing date, or even the priority right from the original a pplication, if they 
do not exceed its scope. If the division of the application occurs after its publication pursuant to sectio n 38(4) o r section 38a(2), the 
Office shall carry out a search for the state of the art with respect to the subject -matter of each divisional application, notify the 
applicant of the search report, publishes the divisional application together with the sea rch report and notifies the publication in the 
Official Gazette; this does not apply if the Office has already published the divisional application together with the report  on an 
international -type search and has notified the publication in the Official Ga zette pursuant to section 38a(2). Section 14(2) shall remain 
unaffected by the division of the application.  Oppositions ag ainst the entry into the Register  
 
§ 40 
 (1) After the publication of the application, anyone can submit oppositions to the entry of the utility model into the Register 
within three months from the publication of the application on the grounds that the subject -matter of the application does not meet 
the conditions for protection pursuant to section 4 to 6 or the application does not mee t the conditions pursuant to section 32(5). 
Oppositions must contain a legal and factual justification. Simultaneously with the oppositions, the opposing party must subm it 
evidence or designate the evidence that he will submits. After the expiration of the  period according to the first sentence, 
supplements to and extensions of oppositions or evidence that was not designated in the oppositions shall not be taken into 
account.  
 (2) It is also possible to refer in the oppositions to the documents listed in th e search report published together with the 
application pursuant to section 38(4) or section 39(2), or in the report on an international -type search published with the application 
pursuant to section 38a; these documents do not need to be submitted.  
§ 41 
 
 (1) If the oppositions were not filed properly and in time pursuant to section 40 or the opposing party does not submit the 
designated evidence upon a call on the part of the Office within the specified period, the Office shall discontinue the oppos ition 
proceedings. The Office shall deliver the decision to discontinue the opposition proceedings to the opposing party.  
 (2) The Office shall inform the applicant of the oppositions filed pursuant to section 40, for which the proceedings have 
not been discont inued pursuant to paragraph 1, and shall call upon him to comment on them within the specified period.  
 (3) If the applicant does not comment on the oppositions within the specified period pursuant to subsection 2, the Office 
shall discontinue the applicat ion proceedings; the Office shall notify the applicant of this consequence in the call for comments. The 
Office will deliver the decision to discontinue the application proceedings to the applicant and the opposing party.  
 (4) The Office shall discontinue the opposition proceedings if the reason for which the opposition had been filed has 
ceased to exist. The Office shall deliver the decision to discontinue the opposition proceedings to the applicant and the opp osing 
party.  
§ 42 
 
 (1) On the basis of opposi tions on which the applicant has commented, the Office shall examine, to the extent of the filed 
oppositions, whether the subject -matter of the application meets the conditions for protection pursuant to sections 4 to 6 or the 
application meets the conditi on pursuant to section 32(5).  
 (2) If, in the opposition proceedings the Office, on the basis of the evidence carried out at the request of the participants , 
finds out that  
(a) the subject -matter of the application, fully or partially, fails to meet the co nditions for protection pursuant to sections 4 to 6 or the 
application does not meet the conditions pursuant to section 32(5), it shall grant the oppositions to the relevant extent and  shall 
refuse the application fully or partially, or  
(b) conditions pursuant to sections 4 to 6 and section 32(5) have been met, it shall re fuse the oppositions.  
 (3) The Office shall deliver the decision pursuant to subsection 2 to the applicant and the opposing party.  
§ 43 
 
Entry of the utility model in the Re gister  
 
 (1) If the application proceedings were not discontinued pursuant to section 38(1) or the application was not re fused 
pursuant to section 38(2), no oppositions were filed against the entry of the utility model into the register pursuant to sec tion 40 or 
oppositions against the entry of the utility model into the Register were re fused  pursuant to section 42(2)(b), or the proceedings on 
oppositions were discontinued, the Office shall enter the utility model in the Register and the applicant shall bec ome the utility 
model owner.  
 (2) The Office shall issue to the utility model owner a certificate of the entry of the utility model in the Register and sha ll 
notify the entry of the utility model in the Official Gazette.  
 (3) If several applications with a n identical subject -matter and priority right have been filed by the same applicant, only 
one utility model may be entered for this applicant. The Office shall discontinue the proceedings for other applications.  
Expungement of the utility model  
 
§ 44 
 
 (1) Upon motion of a third party, the Office shall expunge a utility model from the Register (hereinafter referred to as 
"expungement") if  
(a) the subject -matter of the utility model is not eligible for protection pursuant to sections 4 to 6,  
(b) the applicant was a person who did not have the right to a solution pursuant to section 10(1) and (3), section 11(1) and (4) or 
section 12(1),  
(c) the application fails to meet the condition pursuant to section 32(5),  
(d) the subject -matter of the utility model goes beyond the scope of the original filing of the application,  
(e) several utility models with the same subject matter have been entered for the same applicant,  
(f) the conditions for the entry of the utility model into the Register pursuan t to legislation valid at the time of its entry have not been 
met. 
 (2) The Office may delete a utility model from the Register pursuant to subsection 1(c) to (e) or if the subject -matter of the 
application is clearly not eligible for protection according to sections 5, 6 and 9 or the application failed to meet the condition 
pursuant to section 32(5), also ex officio.  
 (3) An expungement has the same effects as if the utility model had not been entered in the Register.   (4) An expungement can be carried out  even after the end of the existence of the utility model pursuant to section 27, if 
the applicant proves a legal interest.  
 (5) If the reasons for the expungement relate to the utility model partially, the utility model shall be expunged from the 
Register  only to the extent adequate to the ascertained reasons, namely by a change of the protection claims and possible also of 
the description.  
 (6) The Office may, fully or partially, expunge a utility model from the Register also at the request of its owner i rrespective 
of the existence of reasons pursuant to subsection 1; in the case of a partial expungement at the request of the utility mode l owner, 
subsection 5 shall be used mutatis mutandis. The Office shall not take into account the utility owner's reques t for a partial 
expungement of the utility model, if the utility model expungement proceedings are ongoing. If rights of third parties regist ered in the 
Register are attached to the utility model, the Office shall act on the utility model owner's request f or the expungement of the utility 
model only after the written consent of the person, whose rights and legitimate interests may be affected by the expungement of the 
utility model, is filed; the Office shall proceed in the same way even in the case of a li tigation entered in the Register, the subject -
matter of which is the right to a solution, until the expiry of six months from the date of the finality of the court's decis ion. 
 (7) The Office shall discontinue the utility model expungement proceedings if t he decision by which the same utility model 
was expunged has become final.  
  
§ 45 
 
(1) The request for the expungement of a utility model must contain a legal and factual justification. Simultaneously with 
the request for the expungement of the utility model, the requester must submit evidence or designate evidence that he will file. In 
the request, it is possible to refer to documents specified in the search report published together with the application purs uant to 
section 38(4) or section 39(2 ) or in the report on an international -type search published with the application pursuant to section 38a; 
those documents do not have to be translated.  
(2) If the request for the expungement of the utility model does not contain the requirements pursuant to subsection 1 or 
the requirements established by the generally binding piece of legislation issued pursuant to section 59 or the requester fai ls to file 
the designated proofs or the requester is not represented pursuant to section 58(2), the Office shall  call upon the applicant to eliminate 
the detected deficiencies within the specified period. If the requester does not comply with the call within the specified pe riod, the 
Office shall discontinue the utility model expungement request proceedings; the Off ice shall notify the requester of this consequence 
in the call.  
 (3) If the proceedings have not been discontinued pursuant to subsection 2, the Office shall call upon the utility model 
owner to comment on the request for the expungement of the utility mod el within the specified time limit and, where applicable, 
change the protection claims, description or drawings with regard to the reasons and proofs applied and presented by the requ ester, 
and the changes made must meet the conditions pursuant to the gene rally binding piece of legislation issued pursuant to section 59 
and must not go beyond the scope of protection resulting from the utility model. If the utility model owner proposes changes limiting 
the extent of protection, these are the basis for further  proceedings.  
 (4) The utility model owner's statement and his possible request for changes pursuant to subsection 3, shall be delivered 
by the Office to the requester, and if it deems it expedient, it shall also call upon him to comment on them within the  specified period.  
 (5) In the course of the utility model expungement request proceedings, the Office may  
(a) call upon the participant to comment on the filing of the other participant or on the facts that the Office considers dec isive in the 
utility mod el expungement proceedings, within the specified period, or  
(b) determine a joint deadline for the participants for final comments; the Office shall not take into account comments recei ved after 
this deadline and the Office shall notify of this the partici pants.  
 (6) If the utility model owner does not comment on the request for the expungement of a utility model within the time limit 
specified in the call pursuant to subsection 3, or, within the same time limit, fails to request changes limiting the scope of protection 
pursuant to subsection 3, the Office shall carry out the expungement of the utility model from the Register within the scope of the 
filed request. If the requester fails to comment within the period pursuant to subsection 4 or if the particip ant in the utility model 
expungement request proceedings fails to comment within the period pursuant to subsection 5(a), the Office shall continue the  
proceedings and may make a decision based on the file.  
 (7) If it is not possible to make a decision base d on the written filings of the participants in the utility model expungement 
request proceedings, the Office shall determine the date of an oral hearing. Simultaneously with the summons for the oral hea ring, 
the Office shall deliver to the participant in the utility model expungement request proceedings all the comments of the other party, if 
it has not already done so earlier.  
 (8) The Office may continue the proceedings and decide on the matter even if the duly summoned participant in the utility 
model expungement request proceedings fails to participate in the oral hearing. The Office may grant a request to postpone th e oral 
hearing only for important reasons and only if the request was delivered to the Office without delay after the summoned part icipant 
in the utility model expungement request proceedings learned about the reason for which the hearing is requested to be postpo ned; 
otherwise, the Office shall not take into account the request to postpone the oral hearing.  
 (9) Extending or suppleme nting a request for the expungement of a utility model by a new reason pursuant to section 44(1) 
or by a new proof of non -fulfillment of the protection conditions pursuant to section 4 to 6 or pursuant to section 32(5) is not permissible 
in utility model e xpungement proceedings; the Office shall not take into account such an extension or supplementing within these 
proceedings and this decision -making in the matter.  
 (10) Subsections 3 and 5 to 8 shall also be applied mutatis mutandis to utility model expung ement proceedings initiated ex 
officio.  
 
§ 46 
 
 Together with the request for the expungement of a utility model, the requester is obliged to provide a security deposit of 
100 euros. The Office shall return the security deposit if it does not fully grant t he request for the expungement of the utility model.  
§ 47 
 
Request for registration in another person's name  
 
 (1) The Office shall enter the person of the requester as the utility model owner, if  
(a) it finds out from a final decision of a court that the person originally entered as the utility model owner did not have the right to a 
solution pursuant to section 10(1) and (3), section 11(1) and (4) or section 12(1),  
(b) the request for registration in another person's name has been submitted by a perso n who, pursuant to the final court decision, has the right to a solution, or its legal successor, and  
(c) the request for registration in another person's name has been filed within six months from the date of finality of the c ourt decision.  
 (2) The final  decision of the court pursuant to subsection 1(a) shall constitute an annex to the request for registration in 
another person's name.  
 (3) If the request for registration in another person's name fails to meet the requirements pursuant to subsection 1 or 
subsection 2, the Office shall re fuse the request for registration in another person's name; before deciding on the refusal  of the 
request for registration in another person's name, the Office shall allow the requester to comment on the detected reasons on  the 
basis of which the request for registration in another person's name is to be re fused . 
 (4) If the person which, pursuant to the final decision of the court, has the right to a solution, or its legal successor, fa ils to 
file a request for registration  in another person's name within the deadline pursuant to subsection 1(c), the Office shall expunge the 
utility model ex officio.  
 (5) Subsections 1 to 4 shall be used mutatis mutandis for registering the rights resulting from the application in another 
person's name. If the rights resulting from the application are not registered in another person's name for reasons pursuant to 
subsection 3, the Office shall re fuse the application.  
§ 48 
 
Determination proceedings  
 
 (1) Upon request, the Office shall determine whether a subject -matter specified and described in the request falls within 
the scope of protection of a specific utility model (hereinafter referred to as "determination request"). The description of the subject -
matter of determination must be clear and complete, and the determination request must meet the requirements established by the 
generally binding piece of legislation issued pursuant to section 59.  
 (2) Only the person who filed the determination request shall be a participant in the det ermination proceedings.  
 (3) Upon initiation of utility model expungement request proceedings or initiation of utility model expungement proceedings 
ex officio or upon delivery of a request of a court for an expert opinion (section 30(6)), if the requester  is a party to a litigation, the 
determination proceedings shall be suspended. The Office will notify the requester of the suspension of the determination 
proceedings. After the decision to expunge the utility model becomes final, the Office shall disconti nue the determination proceedings.  
 (4) If the description of the subject -matter of determination or the determination request does not meet the requirements 
pursuant to subsection 1, the Office shall call upon the requester to eliminate the identified def iciencies within the specified period. If 
the requester does not comply with the Office's call within the specified period, the Office shall discontinue the determinat ion 
procedure; the Office shall notify the requester of this consequence in the call.  
§ 49 
 
Entry of a license, right of pledge, utility model assignment, utility model transfer, execution or litigation in the Registe r 
 
 (1) If a request for the entry of a license, right of pledge, utility model assignment, utility model transfer, execution or 
litigation in the Register does not contain the requirements established by a generally binding piece of legislation issued p ursuant to 
section 59, the Office shall call upon the requester to remove the identified deficiencies within the speci fied period. If the requester 
fails to eliminate the identified deficiencies within the specified period, the Office shall discontinue the request proceedi ngs. The 
Office will notify the requester of this consequence in the call.  
 (2) Subsection 1 shall no t apply to a compulsory license that the Office enters into the Register ex officio after delivery of 
a valid court decision on its granting.  
 (3) On the basis of a writ of execution14c) supported by a notification of the initiation of an execution and a l ist of rights which 
also includes the specific application or the specific utility model, the Office shall enter in the Register the fact that th is application or 
utility model is affected by an execution with effect from the date of delivery of the writ o f execution to the Office. The entry of the 
utility model in the Register does not affect the entry of the execution by affecting the rights resulting from the applicati on and is 
considered to be an entry of execution by affecting the rights resulting from  the utility model. A modification or division of the 
application (section 39) does not affect the entry of the execution by affecting the rights resulting from the application; i n the case of 
a division of the application (section 39(2)), the Office shall  also enter an execution by affecting the rights from divisional applications.  
 (4) If there is a court proceeding, the subject -matter of which is a dispute over the right to a solution, the Office, at the 
request of one of the parties to the litigation, s hall enter in the Register the fact that the litigation is ongoing, as well as the subject -
matter of the proceeding, with the entry being effective on the day the request is delivered to the Office. The requester sha ll attach a 
copy of the court action cer tified by the court to the request for the entry of the litigation. The entry of a utility model in the Register 
does not affect the entry of a litigation in relation to the application and it is considered to be an entry of a litigation in relation to the  
utility model. A modification or division of the application (section 39) does not affect the entry of the litigation in rela tion to the 
application; in the case of a division of the application (section 39(2)), the Office shall enter a litigation also in  relation to divisional 
applications.  
§ 50 
 
Extension of the time limit and continuation of proceedings  
 
 (1) On the basis of a request of a party in the proceedings for an extension of the time limit, determined by the Office, for 
the performance of an act, filed before the expiration of this time limit, the Office may extend the time limit.  
 (2) If the party in the proceedings has missed the time lim it, set by the Office, for the performance of an act, after the 
expiration of this time limit, it may request the Office to continue the proceedings and perform the missed act, no later than two 
months from the delivery of the decision of the Office issued  as a result of the missed time limit.  
 (3) The request pursuant to subsection 1 cannot be granted in the case of a time limit pursuant to section 41(1) and 45(5)(b) . 
(4) The request pursuant to subsection 2 cannot be granted in the case of the missing of a time limit pursuant to section 41(1) and 
(2) and section 45(2),(3) and (5).  
 (5) The Office shall refuse  a request for an extension of the time limit or a request for the continuation of proceedings that 
does not meet the conditions pursuant to subsectio n 1 or subsection 2, or cannot be granted pursuant to subsection 3 or subsection 
4; before the decision to refuse  the request, the Office shall allow the requester to comment on the detected facts justifying the refusal  
of the request.  
 (6) If the Office grants the request for the continuation of the proceedings, the legal effects of the decision issued as a 
result of missing the time limit shall cease or not occur.  
 (7) If the Office does not decide to refuse  a request for an extension of the time limit that meets the conditions pursuant to 
subsection 1, within two months of its delivery, the request is deemed to have been granted.  § 51 
 
Restitutio in integrum  
 
 (1) If, despite the due care required by the circumstances, a participant in the proceedings missed a legal time limit or a 
time limit set by the Office for performing an act, and the consequence of the failure to perform this act is a stopping of t he proceedings  
or the loss of another right, he may request from the Office a restitutio in integrum and perform the missed act within 2 mon ths from 
the disappearance of the obstacle for which he could not perform the act, but no later than 12 months from the exp iry of the missed 
time limit, and in the case of the missed time limit for the filing of a request for an extension of the validity of the util ity model not later 
than 12 months from the expiry of the missed additional time limit under section 26(5).  
 (2) A participant in the proceedings is obliged to justify the request pursuant to subsection 1 and to state the facts that have 
prevented the performance of the act and the date of the disappearance of the obstacle, due to which he could not perform the  act. 
Allegations submitted after the expiry of the time limits pursuant to subsection 1 shall not be taken into account by the Off ice when 
deciding on the request.  
 (3) If there are justified doubts about the truth of the justification pursuant to subsection 2,  the Office may call on the 
requester to prove his allegations.  
 (4) Requests for a restitutio in integrum cannot be granted in cases of missed time limits for  
(a) the filing of a request for continuation of proceedings pursuant to section 50(2) and a requ est for a restitutio in integrum pursuant 
to subsection 1,  
(b) the exercise and proving of the priority right pursuant to section 34,  
(c) the filing of a request for  
(d) 
(e) the filing of a remonstrance in the proceedings before the Office pursuant to sec tion 53(1) and the filing of the reasoning for the 
remonstrance pursuant to section 53(3),  
(f) the performance of acts pursuant to section 41(1) and (2), section 45(2), (3) and (5).  
 (5) The Office shall refuse  a request for a restitutio in integrum which does not meet the conditions pursuant to subsections 
1 and 2, or which cannot be granted pursuant to subsection 4 or the applicant does not prove his allegations pursuant to subs ection 
3, before deciding on the  refusal  of the request, the Office will enable the requester to comment on the reasons on the basis of which 
the request is supposed to be refus ed. 
 (6) If the Office complies with the request for a restitutio in integrum, the legal effects of the decisio n issued as a result of 
the missed time limit shall cease or not occur.  
 (7) A third person who, in the territory of the Slovak Republic, in good faith, from the finality of the decision issued as a  
result of missing the time limit until the expiry of the legal effects of this decision pursuant to subsection 6, exploited the technical 
solution that was the subject -matter of an application or utility model, or made demonstrable preparations directly aimed at the 
exploitation of th is technical solution, can u se the technical solution within its business activities without the obligation to pay for the 
exploitation of the technical solution. In case of doubts, action of a third party shall be considered action in good faith, until the contrary 
is proved.  
 (8) T he assignment and transfer of the right of the authorized user pursuant to subsection 7 is possible exclusively as part 
of the assignment or transfer of the business enterprise or its part in which the technical solution is being exploited.  
§ 52 
 
Source do cuments for a decision  
 
 (1) The participant in the proceedings before the Office is obliged to present or propose evidence to prove his allegations.  
 (2) The Office shall produce evidence and evaluate evidence at its discretion, each evidence individually and all evidence 
in their mutual relations.  
 (3) The Office shall make decisions on the basis of facts ascertained from the produced evidence presented or proposed 
by the participants in proceedings.  
 
§ 53 
 
Remonstrance  
 
 (1) A remonstrance against a decision of the Office may be filed within 30 days from the delivery of the decision, unless 
otherwise stated in subsections 4 and 5. A remonstrance filed in time has a suspensory effect.  
 (2) When deciding on a remonstrance, t he Office is bound by its scope; this does not apply to matters  
(a) in which proceedings can be initiated ex officio,  
(b) of joint rights or obligations concerning several participants in the proceedings on one side.  
 (3) The reasoning for the remonstrance  must be filed within two months from the date of filing the remonstrance, otherwise 
the Office will discontinue the remonstrance proceedings. The Office shall discontinue the proceedings even if the remonstran ce has 
been filed with a delay or if the filin g of the remonstrance is not permissible pursuant to subsection 4 or 5.  
 (4) It is not allowed to file a remonstrance against the decision by which the Office  
(a) granted a request for the continuation of the proceedings or a request for a restitutio in in tegrum,  
(b) discontinued the proceedings pursuant to section 44(7) or section 58(8), or suspended the proceedings pursuant to section  37(1) 
or section 58(9),  
(c) discontinued the proceedings pursuant to subsection 3,  
(d) decided in the determination procee dings pursuant to section 48.  
 (5) It is not allowed to file a remonstrance only against the reasoning of a decision . 
§ 54 
 
Inspection of the file and making data accessible  
 
 (1) Participants in proceedings have the right to inspect the files and to make extracts from and duplicates of them.  
(2) Before publication of the application pursuant to section 38(4), section 38a(2) or section 39(2), the Office shall be 
authorized, without the consent of the applicant, to notify third parties only of the piece  of data saying who is the author, who is the 
applicant, the name of the utility model, the file number of the application, and data on the priority right.   (3) Before publication of the application pursuant to section 38(4), section 38a(2) or section 39(2 ), the Office shall, upon 
request, enable the utility model owner, patent owner, applicant or patent application applicant to inspect the file relating  to the 
application, if the application refers to a utility model or patent of that owner or the applicat ion or patent application of that applicant.  
 (4) After the publication of the application pursuant to section 38(4), section 38a(2) or section 39(2), the Office shall, up on 
request, allow a third party to inspect the file relating to the application or th e utility model.  
 (5) The right to inspect the file also includes the right to make copies for a reimbursement of the material costs associated  
with making the copies and with their sending.  
 (6) Based on a written request of the author mentioned in the ap plication pursuant to section 32(6), the Office shall not 
make his identification data accessible to third parties, in particular during the publication of an application, notificatio n of the entry of 
the utility model, issuance of a certificate of the ent ry of the utility model into the Register and during the inspection of the file.  
 (7) At a request and upon evidence of a legal interest, the Office shall notify the requester whether the person designated 
by him is or is not listed as the author in the ap plication.  
 (8) The following is excluded from the right of inspection:  
(a) parts of the file containing information of confidential nature, the disclosure of which is not indispensable to ensure t he right to 
information of third parties, including participants in the proceedings,  
(b) on the basis of a written request of the applicant or utility model owner, parts of the file containing a trade secret, and  
(c) the voting minutes and parts of the file containing auxiliary notes or drafts of decisions, assessments or opinions.  
§ 55 
 
Register  
 
 (1) The Office shall keep the Register in which it records decisive data about applications and utility models. Everyone has 
the right to inspect the Register.  
 (2) The data entered in the Register is co nsidered valid until a decision of the competent authority determines otherwise.  
 (3) A change of data entered in the Register, resulting from a final and enforceable decision of a competent authority, shall  
be entered in the Register by the Office after d elivery of the decision provided with a finality clause without undue delay.  
 (4) Entering data and facts resulting from a law or from a decision of a competent authority pursuant to subsection 3 is not 
considered a decision issued in proceedings pursuant to a general piece of legislation on administrative proceedings. 15)  
 
§ 56 
 
Official Gazette  
 
 The Office publishes the Official Gazette in which it publishes and notifies facts related to applications and utility model s, 
as well as official notices and decisions of a fundamental nature.  
§ 57 
 
International application  
 
 (1) The applicant of an international application,1) which requests the entry of a  utility model in the Register in the Slovak 
Republic, is obliged to submit this international application to the Office within 31 months from the creation of the priority right and 
submit its translation in the state language.13)  
 (2) At the request of the applicant, provided that the conditions pursuant to subsection 1 are met, the O ffice may start the 
international application proceedings even before the expiration of the deadlines specified in subsection 1.  
 
PART FOUR  
 
COMMON, AUTHORISING, TRANSITIONAL AND REPEALING PROVISIONS  
 
§ 58 
 
Common provisions  
 
 (1) Persons who have a perman ent residence, registered office or business enterprise in the territory of a state that is a 
party to an international convention,5) or in the territory of a state that is a member of the World Trade Organization,6) or are nationals 
of that state, have the same rights and obligations as citizens of the Slovak Republic without prejudice to the provision of subsection 
2. If the state of which the person is a national, or the state in whose territory the person has a permanent residence, regi stered off ice 
or business enterprise, is not a state that is a party to an international convention5) or a member of the World Trade Organization,6) 
rights pursuant to this Act may be granted only under the condition of reciprocity.  
(2) Persons not having a permanen t residence or registered office in the territory of the Slovak Republic must be represented by a 
lawyer16) or a patent attorney17) in proceedings before the Office. The mandatory representation according to the previous sentence 
does not apply to particip ants in the proceedings, who are citizens of a contracting state of the Agreement on the European Economic 
Area, have a registered office or business enterprise in the territory of a contracting state of the Agreement on the Europea n Economic 
Area; such pa rticipants in the proceedings are obliged to notify the Office of the address for delivery in the territory of the Slovak 
Republic.  
 (3) The provision of subsection 2 on mandatory representation does not apply to acts  
(a) preceding and connected with the determination of the filing date pursuant to section 33,  
(b) associated with the payment of fees,  
(c) associated with proving the priority right pursuant to section 34.  
 (4) A representative of a participant in the proceedings is obliged to notify the Office of the address for delivery on the 
territory of the Slovak Republic.  
 (5) Proceedings before the Office pursuant to this Act are subject -matter to a general piece of legislation  on administrative 
proceedings15) except section 19, section 23, section  28, section 29, section 30(1)(b) and (d), section 32 to 34, section 39, section 
49, section 50, section 59(1) and section 60.  
 (6) If the attachment to the filing is a copy of a document, about the authenticity of which the Office has doubts, it may 
reque st the filing of the original document or its certified copy.   (7) If the party to the proceedings fails to comply with a call of the Office within the specified period, the Office may 
discontinue the proceedings. The Office shall notify the participant in  the proceedings of this consequence in the call.  
 (8) The Office shall also discontinue the proceedings at the request of the person who filed the request for its initiation; it 
is not obliged to do so, in the case of proceedings that the Office can initi ate ex officio. A request to discontinue proceedings cannot 
be withdrawn. In the case of a request to discontinue the proceedings on an application, to which a litigation entered in the  Register 
is related, the Office can discontinue the proceedings only a fter the submission of the written consent of the person who has filed the 
request to enter the litigation in the Register.  
 (9) If proceedings have been initiated on a preliminary issue that the Office is not authorized to resolve, the Office shall 
suspen d the proceedings; this does not affect section 37. As soon as the obstacle for which the proceedings have been suspended 
disappears, the Office shall continue the proceedings even without a motion. During the suspension of the proceedings, the ti me 
limits  pursuant to this Act do not expire; this does not apply to time limits pursuant to section 26(4) and (5).  
 (10) The filing at the Office shall be in writing, in paper form or in electronic form, and in the state language,13) unless 
otherwise provided for in the third part of this Act. The filing shall be judged by its content. It must be clear from the filing who i s filing 
it, what matter it concerns and what it proposes. Each filing must be signed by the person filing it. A filing in electron ic form authorized 
pursuant to a special piece of legislation18) must contain an identifier of the person of the participant in the proceedings and an 
identifier of the person of the representative pursuant to a special piece of legislation,17a) if the par ticipant in the proceedings is 
represented.  
 (11) Unless otherwise provided for in subsection 12, a filing at the Office made in electronic form without authorization 
pursuant to a special piece of legislation18) must be additionally delivered in paper for m or in electronic form, authorized pursuant to 
a special piece of legislation;18) if it is not additionally delivered to the Office within one month, the filing shall not be taken into account. 
The Office shall not call for additional delivery of the fili ng. 
 (12) Subsection 11 does not apply to a filing made through closed information systems.19)  
 (13) A fee pursuant to a special piece of legislation shall be paid for acts under this Act.20)  
§ 59 
 
Authorizing provision  
 
 A generally binding piece of legislation issued by the Office shall stipulate the details of  
(a) the requirements of the application,  
(b) the method and requirements for exercising and proving the priority right,  
(c) the translation of the international application, 1)  
(d) the require ments of the request for postponing the publication of the application,  
(e) the requirements of oppositions against the entry of the utility model into the register,  
(f) the requirements of the request for an extension of the validity of the utility model,  
(g) the requirements of a motion for expungement, request for registration in another person's name, request for determinatio n, 
request for continuation of proceedings and request for restitutio in integrum,  
(h) the method of filing and the requirem ents of a request for the entry of a right, a request for the entry of a litigation in the Register 
and a request for the assignment and transfer of rights resulting from the application in the Register,  
(i) the method of filing and the requirements of the  request to conduct an international -type search,  
(j) the form of filing, the number of counterparts of the filing with attachments and the delivery to the Office,  
(k) data entered in the Register and published in the Official Gazette.  
§ 60 
Transitional pr ovisions  
 
 (1) Application proceedings and proceedings in matters of utility models, which were not legally terminated before the 
date of entry into effect of this Act, shall be terminated pursuant to this Act.  
 (2) Rights and relationships resulting from utility models entered in the Register before the date of entry into effect of this 
Act are governed by the provisions of this Act. The creation of these rights and relationships, as well as the claims arising  from 
them before the date of en try into effect of this Act, shall be assessed according to the legislation in force at the time of their 
creation.  
§ 60a  
 
Transitional provisions for adjustments effective from January 1, 2018  
 
 (1) Proceedings initiated and not finally completed by Decem ber 31, 2017, shall be completed pursuant to this Act in the 
version effective from January 1, 2018, unless otherwise provided in subsection 2.  
 (2) Determination proceedings initiated and not finally completed by December 31, 2017, shall be completed purs uant to 
this Act, in the version effective until December 31, 2017.  
 (3) The periods that began to run until December 31, 2017, shall run pursuant to this Act in the version effective until 
December 31, 2017, and their legal effects shall remain preserved.  
 (4) Rights and legal relationships resulting from utility models entered in the Register until December 31, 2017 shall be 
assessed in accordance with this Act in the version effective as from January 1, 2018. The creation, change and termination  of rights 
and legal relationships, as well as claims arising from them until December 31, 2017 shall be assessed in accordance with the  
legislation  effective at the time of their creation.  
§ 60b  
 
Transitional provisions for adjustments effective from January 14, 2019  
 
 (1) Proceedings initiated and not finally completed by January 13, 2019 shall be completed pursuant to this Act in the 
version effective as from January 14, 2019.  
 (2) Rights and legal relationships resulting from utility models entered in the Regis ter until January 13, 2019 shall be 
assessed pursuant to this Act in the version effective as from January 14, 2019. The creation, change and termination  of rights and 
legal relations, as well as claims arising from them until January 13, 2019 shall be ass essed in accordance with the legislation  effective at the time of their creation.  
§ 61 
 
 The legal acts of the European Communities and the European Union listed in the annex are being transposed by this Act.  
§62 
Repealing provisions  
The following shall be repealed:  
 
Act No. 478/1992 Coll. of Laws of the Slovak Rep.  on utility models as amended by Ar t. VI of the Act of National Council 
of the Slovak Republic No. 90/1993 Coll. of Laws of the Slovak Rep.  and Art . III of the Act No. 435/2001 Coll. of L aws of the Slovak 
Rep.  
 
  
Art. II  
 
 
The Act of the National Council of the Slovak Republic No. 145/1995 Coll. of Laws of the Slovak Rep.  on administrative 
fees as amended by Act of the National Council of the Slovak Republic No. 123/1996 Coll. of Laws of the Slovak Rep. , Act of the 
National Council of the Slovak Republic No. 224/1996 Coll. of Laws of the Slovak Rep. , Act No. 70/1997 Coll. of Laws of the Slovak 
Rep. , Act No. 1/1998 Coll. of Laws of the Slovak Rep. , Act No. 232/1999 Coll. of Laws of the Slovak Rep. , Act No. 3/2000 Coll. of 
Laws of the Slovak Rep. , Act No. 142/2000 Coll. of Laws of the Slovak Rep. , Act No. 211/2000 Coll. of La ws of the Slovak Rep. , 
Act No. 468/2000 Coll. of Laws of the Slovak Rep. , Act No. 553/2001 Coll. of Laws of the Slovak Rep. , Act No. 96/2002 Coll. of 
Laws of the Slovak Rep. , Act No. 118/2002 Coll. of Laws of the Slovak Rep. , Act No. 215/2002 Coll. of Laws  of the Slovak Rep. , 
Act No. 237/2002 Coll. of Laws of the Slovak Rep. , Act No. 418/2002 Coll. of Laws of the Slovak Rep. , Act No. 457/2002 Coll. of 
Laws of the Slovak Rep. , Act No. 465/2002 Coll. of Laws of the Slovak Rep. , Act No. 477/2002 Coll. of Laws of the Slovak Rep. , 
Act No. 480/2002 Coll. of Laws of the Slovak Rep. , Act No. 190/2003 Coll. of Laws of the Slovak Rep. , Act No. 217/2003 Coll. of 
Laws of the Slovak Rep. , Act No. 245/2003 Coll. of Laws of the Slovak Rep. , Act No. 450/2003 Coll. of Laws of the Slovak Rep. , 
Act No. 469/2003 Coll. of Laws of the Slovak Rep. , Act No. 583/2003 Coll. of Laws of the Slovak Rep. , Act No. 5/2004 Coll. of 
Laws of the Slovak Rep. , Act No. 199/2004 Coll. of Laws of the Slovak Rep. , Act No. 204/2004 Coll. of Laws of the Slovak Rep. , 
Act No. 347/2004 Coll. of Laws of the Slovak Rep. , Act No. 382/2004 Coll. of Laws of the Slovak Rep.  Act No. 434/2004 Coll. of 
Laws of the Slovak Rep. , Act No. 533/2004 Coll. of Laws of the Slovak Rep. , Act No. 541/2004 Coll. of Laws of the Slovak Rep. , 
Act No. 572/2004 Coll. of Laws of the Slovak Rep. , Act No. 578/2004 Coll. of Laws of the Slovak Rep. , Act No. 581/2004 Coll. of 
Laws of the Slovak Rep. , Act No. 633/2004 Coll. of Laws of the Slovak Rep. , Act N o. 653/2004 Coll. of Laws of the Slovak Rep. , 
Act No. 656/2004 Coll. of Laws of the Slovak Rep. , Act No. 725/2004 Coll. of Laws of the Slovak Rep. , Act No. 5/2005 Coll. of 
Laws of the Slovak Rep. , Act No. 8/2005 Coll. of Laws of the Slovak Rep. , Act No. 15 /2005 Coll. of Laws of the Slovak Rep. , Act 
No. 93/2005 Coll. of Laws of the Slovak Rep. , Act No. 171/2005 Coll. of Laws of the Slovak Rep. , Act No. 308/2005 Coll. of Laws of 
the Slovak Rep. , Act No. 331/2005 Coll. of Laws of the Slovak Rep. , Act No. 341/2005 Coll. of Laws of the Slovak Rep. , Act No. 
342/2005 Coll. of Laws of the Slovak Rep. , Act No. 473/2005 Coll. of Laws of the Slovak Rep. , Act No. 491/2005 Coll. of Laws of 
the Slovak Rep. , Act No. 538/2005 Coll. of Laws of the Slovak Rep. , Act No. 558/2005 Coll. of Laws of the Slovak Rep. , Act No. 
572/2005 Coll. of Laws of the Slovak Rep. , Act No. 573/2005 Coll. of Laws of the Slovak Rep. , Act No. 610/2005 Coll. of Laws of 
the Slovak Rep. , Act No. 14/2006 Coll. of Laws of the Slovak Rep. , Act No. 15 /2006 Coll. of Laws of the Slovak Rep. , Act No. 
24/2006 Coll. of Laws of the Slovak Rep. , Act No. 117/2006 Coll. of Laws of the Slovak Rep. , Act No. 124/2006 Coll. of Laws of the 
Slovak Rep. , Act No. 126/2006 Coll. of Laws of the Slovak Rep. , Act No. 224/2 006 Coll. of Laws of the Slovak Rep. , Act No. 
342/2006 Coll. of Laws of the Slovak Rep. , Act No. 672/2006 Coll. of Laws of the Slovak Rep. , Act No. 693/2006 Coll. of Laws of 
the Slovak Rep. , Act No. 21/2007 Coll. of Laws of the Slovak Rep. , Act No. 43/2007  Coll. of Laws of the Slovak Rep. , Act No. 
95/2007 Coll. of Laws of the Slovak Rep. , Act No. 193/2007 Coll. of Laws of the Slovak Rep. , Act No. 220/2007 Coll. of Laws of the 
Slovak Rep. , Act No. 279/2007 Coll. of Laws of the Slovak Rep. , Act No. 295/2007 Coll. of Laws of the Slovak Rep. , Act No. 
309/2007 Coll. of Laws of the Slovak Rep. , Act No. 342/2007 Coll. of Laws of the Slovak Rep. , Act No. 343/2007 Coll. of Laws of 
the Slovak Rep. , Act No. 344/2007 Coll. of Laws of the Slovak Rep. , Act No. 355/2007 Coll. of Laws of the Slovak Rep. , Act No. 
358/2007 Coll. of Laws of the Slovak Rep. , Act No. 359/2007 Coll. of Laws of the Slovak Rep.  and Act No. 460/2007 Coll. of Laws 
of the Slovak Rep.  is amended as follows:  
 
In the schedule of admini strative fees in part IX Customs  administration  
1. In item 159, paragraph  (f) is omitted , including the footnote to reference 36o.  
The previous paragraph s (g) to (l) are designated as paragraph s (f) to (k). 
 
In the schedule of administrative fees part XVI Industrial rights  
2. In item 214 paragraph  (a) the word "photocopies" is omitted . 
3. In item 214, paragraph  (b) reads:  
"(b) Request for the performance of a professional examination or an aptitude test for the 
profession of a patent attorney ............ SKK 1,500". 
4. In item 215, paragraph  (a) is omitted . 
The previous paragraph s (b) to (e) are designated  as paragraph s (a) to (d). 
5. In item 215, paragraph s (a) and (b) read:  
"(a) continuation of proceedings .......................... SKK 2,000 
 (b) restitutio in integrum .......... ............... ..... SKK 5,000". 
6. In item 216 paragraph  (b) points 9 . to 11 . read:  
"9. entry of a compulsory  license or entry of its revocation  into the registe r 
....................... SKK 500 
10. entry of a right of pledge  or entry of its termination in to the regi ster 
.................... SKK 500 
11. entry of a l itigation or entry of its termination in to the register 
......................... SKK 500". 
7. In item 216 paragraph  (b) points 12 and 13 are omitted . 
8. In item 216 paragraph  (c) point 1, the amount "SKK 2,500" is replaced by the amount "SKK 3,500".  9. In item 216 paragraph  (e) the amount "SKK 3,000" is replaced by the amount "SKK 5,000".  
10. Item 216 is supplemented by paragraph  (f), which reads:  
"f) Extension of the period of validity of the supplementary protection certificate pursuant to 
a special piece of legislation 47) ................... ....... S KK 1,000". 
 
 
The footnote to reference 47 reads:  
"47) Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for 
medicinal products as amended ( Special edition of the Official Journal of the E uropean Union,  chap. 13/ vol. 11; Official Journal of 
the European Communities  L 182, 2 .7.1992)." .  
 
11. In the note to item 216, the words "within two months from the date of delivery of the call to the office" are inserted after the 
words "are submitted" ; a comma and the words "DVD" are inserted after the wo rds "CD" and the words "in the MS Word 95 /97 
version" are omitted ,". 
12. In item 216a, paragraph  (a) reads:  
"(a) Conversion of  a European patent application to a national patent application, a national 
utility model application or a national utility certificate application according to  Art. 135 (2) 
and Art. 140 of the European Patent Convention , for each country .................. ............. 
SKK 600".  
13. In item 216a paragraph  (b), the word " notifications " is replaced by the word " notification ". 
14. In item 216a, paragraph s (c) and (d) read:  
"(c) Publishing and making available a translation or a corrected translation, or a translation 
of the amended version of a European patent ............................ S KK 3,500 
(d) Publishing and making available the submitted translation of the European p atent 
specification  within the additional period ........................... SKK 7,000". 
15. In item 217 paragraph  (b) to (d), the amount "SKK 1,000" is replaced by the amount "SKK 1,500".  
16. Item 217 is supplemented with a note which  reads:  
 
 
 
"Note 
If filings according to paragraph s (a) to (d) are submitted within 5 days of the written filing 
on a duly labelled  3.5-inch floppy disk , CD, DVD, or sent by e -mail, the re spective  files are 
marked with the corresponding patent application number and are in the "doc" format or in the 
"rtf" format with the use of basic fonts, possibly with the submission of image parts in the 
"tiff" format with a resolution of 300 or 600 dpi, a fee of two thirds of the re spective rate 
shall be charged. ". 
 
17. In item 218, points 1 and 2 read:  
"1. Maintaining the validity of the patent, the European patent for  
 (a)  3rd year                                               SKK 2,000  
 (b)  4th year                                               SKK 2,500  
 (c)  5th year                                               SKK 3,000  
 (d)  6th year                                               SKK 3,500  
 (e)  7th year                                               SKK 4,000  
 (f)  8th year                                               SKK 4,500  
 (g)  9th year                                               SKK 5,000  
 (h) 10th year                                               SKK 6,000  
 (i) 11th year                                               SKK 7,000  
 (j) 12th year                                               SKK 8,000  
 (k) 13th year                                               SKK 9,000  
 (l) 14th year                                               SKK 10,000  
 (m) 15th year                                               SKK  11,000 
 (n) 16th year                                               SKK 12,000 
 (o) 17th ye ar                                               SKK 14,000 
 (p) 18th year                                               SKK 16,000 
 (q) 19th year                                               SKK 18,000 
 (r) 20th year                                               SKK 20,000 
  
 2. Maintaining the validity of the supplementary protection certificate for the  
 
 (a)  1st year                                              SKK 30,000 
 (b)  2nd year                                              SKK 40,000 
 (c)  3rd year                                              SKK 50,000 
 (d)  4th year                                              SKK 60,000 
 (e)  5th year                                              SKK 70,000". 
 
18. Item 218 is supplemented by point 3 which reads:  
"3. Maintaining the validity of the supplementary protection certificate during the period 
extended pursuant to a special piece of legislation 47) ....... S KK 25,000".  
19. In the note to item 218, point 7. reads:  
"7. The maintenance fee for a patent, Europ ean patent, supplementary protection certificate for 
each subsequent year is paid without a call and is due in the previous year of the validity of 
the patent, European patent, supplementary protection certificate, no later than the day on 
which the previo us year of the validity of the patent, European patent, supplementary protection 
certificate  expires." 
20. Item 219 is omitted . 
21. In item 221, paragraph  (a) reads:  
"a) Filing a u tility model application  1. by the author or co-authors ...... SKK 1,000 
2. by an applicant other than the author or applicants who are not the same as the co -authors 
................. SKK 2,000". 
22. In item 221 paragraph  (b), point l. reads:  
"1. postponement of the publication of the application ............... SKK 500". 
23. In item 221 paragraph  (b), point 7 . reads:  
"7. entry of a compulsory  license or entry of its revocation into the register 
............................. SKK 500". 
24. In item 221 paragraph  (b), point 8 . reads:  
"8. entry of a right of pledge or entry of its termination in to the register 
......................... SKK 500". 
25. Item 222 reads:  
“Item 222  
 
 
a) Filing of a request to determine whether the technical solution falls within the scope of the 
entered utility model ....... ............................. SKK 5,000 
b) Filing of oppositions  against the entry of a utility model in to the register 
.................... SKK 800 
c) Filing of a request for the expungement of a  utility model from the register of utility 
models .........  SKK 1,500  
d) Filing of a request for a registration in another person's name  with respect to the utility 
model owner  .................................... SKK 1,000 
 
 
 
Note 
If filings according to paragraphs (a) and (b) are submitted within 5 days of the written filing 
on a duly labelled  3.5-inch floppy disk , CD, DVD, or sent by e -mail, the respective files are 
marked with the corresponding utility model  application number an d are in the "doc" format or in 
the "rtf" format with the use of basic fonts, possibly with the submission of image parts in the 
"tiff" format with a resolution of 300 or 600 dpi, a fee of two thirds of the respective rate 
shall be charged.".  
26. Item 223 reads:  
"Extension of the validity of the entry of a utility model  
 
1. for the first time , in three years ............................. SKK 4,000  
2. for the first time , in three years within an additional period of up to six months from the 
expiry of the utility model validity .......................... SKK 8,000  
3. for the second time , in three years ........................ SKK 8,000  
4. for the second time , in three years within an additional period of up to six months from the 
expiry of the utility model validity........................ SKK 16,000".  
27. In the note to item 223, point 2 is omitted  and at the same time the designation of point 1 is cancelled.  
28. In item 224 paragraph  (c) point 2, the amount "SKK 600" is replaced by the amount "SKK 800".  
29. In item 224 paragraph  (c), points 7 and 8 read:  
"7. entry of right of pledge or entry of its termination in to the register of designs .... SKK 
500 
8. entry of legislation or entry of its termination in to the register of designs ...... SKK 
500". 
30. In item 224 paragraph  (c), point 9 is omitted . 
31. In item 225, paragraph s (a) and (b) read:  
"a) Filing of a request to  determine whether the particular exterior  of the product falls within 
the scope of the entered design ............................. SKK 5,000 
b) Filing of a request for expungement  
1. of an entered design from the register of designs ........................... SKK 1,500 
2. for each additional design included in the entered design ........................... SKK 
500". 
32. Item 225 is supplemented with a note which reads : 
 
"Note 
 
If filings according to paragraphs (a) and (b) are submitted within 5 days of the written filing 
on a duly labelled  3.5-inch floppy disk , CD, DVD, or sent by e -mail, the respective files are 
marked with the corresponding design application number and are in the "doc" format or in the 
"rtf" format with the use of basic fonts, possibly with the submission of image parts in the 
"tiff" format with a resolution of 300 or 600 dpi, a fee of two thirds of the respective rate 
shall be charged.".  
33. In item 226, points 1 to 4, including the heading, read:  
"Extension of the validity of the entry of a design  
1. for the first time , in five years ...... .............. SKK 3,000  
2. for the second time , in five years .................. SKK 6,000  
3. for the third time , in five years .................... SKK 9,000  
4. for the fourth time , in five years ................... SKK 12,000".  
34. In item 227 paragraph  (b), point 1. the amount "SKK 600" is replaced by the amount "SKK 800".  
35. In item 227 paragraph  (b), point 6 reads:  
"6. entry of a compulsory  license or entry of its revocation into the register 
......................... SKK 500". 
36. In item 227 paragraph  (b), point 7 is omitted . 
37. In item 227 paragraph  (b), points 7 and 8 are added, which read:  
"7. entry of right of pledge or its entry into the register ............................... SKK 500 
8. entry of a litigation or its termination in to the register ......................... SKK 
500". 
38. Item 228 is supplemented with a note which reads : 
"Note 
 
If a filing according to this item are submitted within 5 days of the written filing on a duly 
labelled  3.5-inch floppy disk, CD, DVD, or sent by e -mail, the respective files are marked with 
the corresponding semiconductor topography  application number and are in the "doc" format or in 
the "rtf" format with the use of basic fonts, possibly with the submission of image parts in the 
"tiff" format with a resolution of 300 or 600 dpi, a fee of two thirds of the respective rate 
shall be charged.".  
 
39. In item 229, paragraph  (a) reads:  
"a) Filing of an application or split application  
1. for an individual trademark for up to three classes of goods or services .. SKK 5,000 
2. for a collective trademark for up to three classes of goods or services 
................................. SKK 10,000 
3. for an individual or collective trademark, for each class of goods or services above three 
classes ................... SKK 500". 
40. In item 229 paragraph  (b) point 1. , the amount "SKK 600" is replaced by the amount "SKK 800".  
41. In item 229 paragraph  (b), point 7 is omitted . 
42. In item 230 paragraph  (a), the amount "SKK 600" is replaced by the amount "SKK 1,500".  
43. Item 230 is supplemented with a note which reads : 
"Note 
 
If filings according to paragraphs (a) and (b) are submitted within 5 days of the written filing 
on a duly labelled  3.5-inch floppy disk, CD, DVD, or sent by e -mail, the respective files are 
marked with the corresponding trademark  application number and are in the "doc" format or in the 
"rtf" format with the use of basic fonts, possibly with the submission of image par ts in the 
"tiff" format with a resolution of 300 or 600 dpi, a fee of two thirds of the respective rate 
shall be charged.".  
44. Item 231 reads:  
"Renewal of the entry  
 
a) of an individual trademark for up to three classes of goods or services ...... SKK 4,000 
b) of a collective trademark for up to three classes of goods or services .................... 
SKK 8,000  
c) of an individual trademark for up to three classes of goods or services filed after the 
expiry of the protection period, but no later than six months from this date 
................................... SKK 8,000  
d) of a collective trademark for up to three classes of goods or services filed after the expir y 
of the protection period, but no later than six months from this date 
................................ SKK 16,000  
e) of an individual or collective trademark, for each class of goods or services above three 
classes ............. SKK 500 
 
Note 
 
If a tradem ark is entered in the trademark register after the expir y of its protection period, 
the fee for the renewal of the entry is payable without a request of the trademark owner within 
two months from the issuance of the certificate on the basis of a written call." 
45. In item 232 paragraph  a), the amount "SKK 2,500" is replaced by the amount "SKK 3,000".  
46. The heading "DESIGNATION OF ORIGIN OF PRODUCTS" above items 233 to 235 is replaced by the heading 
"DESIGNATION OF ORIGIN OF PRODUCTS AND GEOGRAPHICAL INDICATION OF PRODUCTS".  
47. In item 233, paragraph  (b) is omitted  and at the same time the designation of paragraph  (a) is cancelled.  
48. In item 234, the amount "SKK 2,000" is replaced by the amount "SKK 4,000".  
49. Item 234 is supplemented with a note which reads : 
 
"Note 
If a filing according to this item is submitted within 5 days of the written filing on a duly 
labelled  3.5-inch floppy disk, CD, DVD, or sent by e -mail, the respective files are marked with 
the corresponding number of the application of the designation of origin of the product or 
geographical indication of the product  and are in the "doc" format or in the "rtf" format with 
the use of basic fonts,  possibly with the submission of image parts in the "tiff" format with a 
resolution of 300 or 600 dpi, a fee of two thirds of the respective rate shall be charged.".  
 
Art. III  
 
 
The Act No. 435/2001 Coll. of Laws of the Slovak Rep.  on patents, supplementary protection certificates and on alterations of and 
additions to certain laws ( Patent Act) as amended by Act No. 402/2002 Coll. of Laws of the Slovak Rep.  and Act No. 84/2007 Coll. 
of Laws of the Slovak Rep.  is amended as follows:  
 
1. In section  6(2)(d) a comma is omitted  after the words "or animals" and the words "or for" are replaced by the words "and also". 
2. In section  7(3) the second sentence reads:  
"This shall also apply to international applications with designation for the Slovak Republic, where the publication of the 
international application shall mean publication in the Official Gazette (section 41), and to European patent applications wi th 
designation for the Slovak Republic (hereina fter referred to as “European patent application”), where the publication of the European patent application shall mean publication pursuant to Article 93 or Article 153 of the European Patent Convention."  
3. In section  11(5) in the second sentence, the wo rd "achieved" is replaced by the word "achievable".  
4. In section  11(5) in the third sentence, the words "agreed or determined by a court decision" are omitted . 
5. Section  11(6) is omitted . 
The hitherto subsection  7 is designated as subsection  6. 
6. In section  11(6), the words "1 to 6" are replaced by the words "1 to 5".  
7. In section  16(1), the words "Slovak Republic" are replaced by the words "a member state of the European Union or a state that 
is a contracting party to the Agreement on the Euro pean Economic Area".  
8. In section  16(3), the following sentence is added at the end:  
"To determine the scope of the grower's right according to the first sentence and the conditions for the exercise of this righ t, the 
provisions of a special piece of legi slation shall be used mutatis mutandis. 6(a) ". 
The footnote to reference 6a reads:  
"6a) Article 14 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (Special edition of th e 
Official Journal of the European Union, 03/ vol. 16 Official Journal of the European Communities L 227, 1.9.1994.)".  
9. Section  18(1)(f) reads:  
"(f) in activities carried out for experimental purposes, which also includes studies and tests necessary for the registration  proceedings 
pursuant to a special piece of legislation.8(a) ". 
The footnote to reference 8a reads:  
"8a) Act No. 148/1998  Coll. of Laws of the Slovak Rep.  on medicines and medical devices , on an amendment of the Act No. 
455/1991 Coll . of Law s on trade entrepreneurship (Trade Act) as amended and on alterations of and additions to the Act of the 
National Counci l of the Slovak Republic No. 220/1996 Coll. of Laws of the Slovak Rep.  on advertising as amended.".  
10. In section  27(6), the word "cross" is inserted after the words "right to grant ". 
11. In section  27, a new subsection  7 is inserted after subsection  6 and the new subsection  reads:  
"(7) If a patent owner has been granted a compulsory license for the exploitation of a plant variety pursuant to a special pie ce of 
legislation,13b) the holder of a cultivator certificate has the right to be granted a compulsory cross -license for the exploitation of the 
biotechnological invention. ". 
The former subsection s 7 and 8 are designated  to subsection s 8 and 9.  
The footnote to reference 13b reads:  
"13b) section  10 of the Act No. 132/1989  Coll. of Laws  as amended.".  
12. In section  31, subsection s 3 and 4 are omitted . 
13. In section  35(2), paragraph  (c) reads:  
"(c) the part which appears as a description.".  
14. In section  35(3), the words " section  79(7)" are replaced by the words "79 (8)". 
15. Section  35(4) reads:  
"(4) If the Office finds out that the application does not meet the requirements pursuant to subsection 2(c) or is incomplete, it shall 
call upon the applicant to supplement the application within a period determined by it. " 
16. Se ction 35 (6) reads:  
"(6) The determination of the application filing date pursuant to subsection 5 shall not apply if , after supplementing the filing due to 
incompleteness pursuant to subsection 4, the applicant withdraws his filing in the part thus supplemented before publication of the 
application.".  
17. Section 35a is inserted after section 35 , which  reads:  
 
"§ 35a 
 
(1) The applicant may replace the part of the filing pursuant to section 35(2)(c) with a reference to the first application, if he  
has exercised the priority right pursuant to section 36(2) in the application.  
 (2) The reference to the first application pursuant to subsection 1 shall contain  
(a) an express declaration of the will of the applicant that he is replacing the part of the fili ng pursuant to section 35(2)(c) with a 
reference to the first application,  
(b) the number of the first application,  
(c) the date of filing of the first application,  
(d) the state in which the first application has been filed, or the authority to which the first application has been filed.  
 (3) The applicant is obliged to submit a copy of the first application within two months based on a call of the Office; if th e 
first application is not in the state language, the applicant is obliged to submit also its tr anslation into the state language within two 
months based on a call of the Office.  
 (4) If the reference to the first application pursuant to subsection 1 , does not contain the requirements pursuant to 
subsection 2 or the applicant does not comply with the call of the Office pursuant to subsection 3, the application shall be considered 
unfiled. If the application is considered unfiled, the Office shall notif y the applicant of it. " 
 
18. In section  36(1)(b), the words "from the older" are replaced by the words "from the first".  
19. In section  36(3) in the first sentence, the word "earlier" is replaced by the word "first".  
20. In section  36(5), after the words " If the applicant", the words "despite the due diligence required by the circumstances," are 
inserted.  
21. In section  36(5)(b), the words "without his fault" are omitted . 
22. After section  36, section  36a is inserted, which reads:  
 
"§ 36a 
 
(1) If the applicant applied for utility model protection for the same subject -matter in the Slovak Republic before filing the 
application, he can request the granting of the date of filing, or where applicable also the priority right from this utility  model a pplication, 
when filing the application. The Office shall grant to the application the filing date, and possibly also the priority right from this utility 
model application, as long as the application is filed within 36 months from the filing of the utilit y model application; if the proceedings 
on the utility model application have been discontinued or the utility model application was refus ed, the application must be filed 
within two months from the delivery of this decision, but no later than within 36 months from the filing of the utility model application.  
 (2) The applicant exercising the right pursuant to subsection  1 is obliged to submit a co unterpart  of the utility model 
application, whose filing date or priority right he  invoke s, within a period of three months from the filing of the application, otherwise 
it will not be taken into account."  
 
23. In section  38, new subsection s 2 to 5 are inserted after subsection  1 and they  read:  "(2) The deposited biological material shall be accessible from the date of publication of the patent application by providing 
a sample upon request. On the basis of a request filed to the Office before the application is published, the applicant is en titled to  
limit access to the deposited biological material to independent experts only.  
 (3) After the grant of a patent, irrespective of its revocation or expiration, the deposited biological material is accessibl e by 
providing a sample upon request.  
 (4) The sam ple can only be provided if the person requesting it, or the independent expert pursuant to subsection 2 second 
sentence, undertakes that during the validity of the patent  
(a) he will not provide the sample or material derived from it to a third party and  
(b) he will use the sample and the material derived from it only for experimental purposes, unless the applicant or the paten t owner 
expressly relieves him of this obligation.  
 (5) On the basis of a request filed with the Office before publication of the a pplication, the applicant is entitled to limit 
access to the deposited biological material for a period of 20 years from the application filing date to independent experts only in 
the event that the application is refus ed or the proceedings on the applicat ion are discontinued; subsection 4 shall apply mutatis 
mutandis."  
 
The previous subsection s 2 to 4 are designated as subsection s 6 to 8.  
24. Section 38 is supplemented by subsection  9, which reads:  
"(9) The conditions established by an international conven tion apply to the re -deposit of biological material in a recognized 
depository institution.15) ". 
25. Section 45, including the heading , reads:  
 
"§ 45  
 
Modification and division of the application  
 
 (1) The applicant may modify the application during the application proceedings; modifications and alterations made to the 
application may not go beyond its original filing.  
 (2) Until the moment of the grant of a patent pursuant to section 44(4), the applicant may divide the application. The Office  
shall grant  the divisional  applications a filing date, or even the priority right from the original application, if they do not exceed its 
scope.  
 (3) If an application is divisional  after the start of a substantive examination pursuant to section 43, the divisional application 
shall be considered the application in which a request for a substantive examination was filed."  
 
26. Section 46 (4) reads:  
"(4) The Office can cancel the paten t even after its expiry, if the applicant proves a legal interest.".  
27. In section  51(2), the words "after the expiration of this period" are inserted after the word "may".  
28. In section  51(2), a comma and the words " more specifically " are inserted after the words "missed act".  
29. Section 51 (4) reads:  
"(4) It is not possible to comply with the request pursuant to subsection 2 in the case of the time limit  pursuant  to section  47(1) and 
(2)." 
30. In section  51(5), the words " a ban applies to it" are replaced by the words "cannot be granted ". 
31. In section  51(6), after the word " Office " the word " grants " is omitted  and after the words "in tge proceedings " the word "shall 
grant " is inserted.  
32. In section  51(7), the words " subsection s 1 or 2" are replaced by the words " subsection  1". 
33. In section  52(1), the words "through no fault of their own" are replaced by the words "despite due care required by the 
circumstances."  
34. In section  52(1), the following words are added at the end:  
 "and in case of missing the deadline for the payment of  the maintenance fee pursuant to section  79(9) at the latest within 12 
months from the expiry of the missed additional period pursuant to an  international convention15a)".  
 
The footnote to reference 1 5a reads:  
"15a) Article 5  bis subsection  1 of Paris Convention for the Protection of Industrial Property (Regulations of the Ministry of Foreign 
Affairs No. 64/1975 Coll. of Laws  on the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at 
Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, 
at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967 as amended by the Regulations of the Minister of Foreign 
Affairs No. 81/1985 Coll. of Law s).". 
 
35. In section  52(3) the first sentence reads:  
"A participant in the proceedings is obliged to justify the request pursuant to subsection 1 and to state the facts that have prevented 
the performance of the act, and the date of the disappearance of t he obstacle, due to which he could not perform the act. .". 
36. Section 52 (5) reads:  
"(5) Requests for a restitutio in integrum cannot be granted in cases of a missed time limit for  
(a) the filing of a request for continuation of proceedings pursuant to section 51(2) and a request for a restitutio in integrum 
pursuant to subsection 1,  
(b) subsequent granting and proof of the priority right pursuant to section 36(4), (5) and (7),  
(c) the filing of a remedy in proceedings before t he Office pursu ant to section 55(1 ), 
(d) the performance of act s pursuant to section 47(1)  and (2)". 
37. In section  52(6), the words " a ban applies to it" are replaced by the words "cannot be complied with".  
38. In section  52(8), the word "published" and the word "further" are omitted . 
39. In section  55(3)(b), the words " section  79(5)" are replaced by the words " section  79(6)". 
40. In section  55, subsection  4 is omitted . 
41. In section  58, a new subsection  4 is inserted after subsection  3, which reads:  
"(4) If the applicant of an international application,1) by which the granting of a patent is requested in the Slovak Republi c, does not 
submit this international application to the Office within the deadline under subsection 3, the Office shall grant this international 
application the priority right pursuant to section 36(1)(a) .'. 
The hitherto subsection  4 is designated as subsection  5. 
42. In section  59(8), the words " section  11(6)" are replaced by the words " section  11(5)". 
43. In section  60(3), the words "( section  13(1) to (3))" are omitted . 
44. In section  60(4) the first sentence reads:  "If a European patent application or a designation for the Slovak Republic was withdrawn in proceedings before the European 
Patent Office, or is considered withdrawn, it holds that the application proceedings have been discontinued pursuant to section 
40(3)."  
45. In section  60(5), the words " pursuant to section  51(5) and (6)" are replaced by the words " pursuant  to section  51(6)". 
46. In section  61(1), the words "and 136" and the words "136 (2)" are replaced by the words "135 (2)". 
47. In section  61(4), the word "up to" is replaced by the word "and".  
48. In section  61, subsection  5 is omitted . 
49. In section  63(6), the words " pursuant to subsection  2" are replaced by the words " pursuant  to subsection  2 or 3".  
50. In section  63(7), after the words "in the European Patent Bulletin ", the words "and provided that the conditions under 
subsection  2 or 3 are met" are inserted.  
51. In section  64, the words " filing of a protest " are replaced by the words " filing of oppositions ". 
52. In section  64, the words "no protest  was filed" are replaced by the words "no o ppositions  were filed".  
53. In section  64, the words "in protest proceedings" are replaced by the words "in opposition  proceedings".  
54. Section  65(3) reads:  
"(3) If a European patent has been maintained in an amended version in opposition proceedings under Art. 101 of the European 
Patent Convention by a decision of the European Patent Office or limited in proceedings under Art. 105b of the European Patent 
Convention, a European patent owner is obliged to submit to the Office a translation of the amended version of the patent 
specification into Slovak with in three months from the date of notification of the amendment in the European Patent Bulletin and to 
pay a publication fee (section 79(8))."  
55. In section  65(5)(a) the words "for filing a protest " are replaced by the words " for filing oppositions ". 
56. In section  65(5)(b) the words "in protest  proceedings" are replaced by the words "in o pposition  proceedings".  
57. In section  65(6), the words "proceedings for the revocation of the same European patent" are replaced by the words 
"proceedi ngs on oppositions against the same European patent".  
58. The words "79 (8)" are replaced in the entire text of the act by the words "79 (9)". 
59. Section 79 (10) reads:  
"(10) A filing at  the Office can be made through electronic means. If such filing is not signed with an electronic signature, it must be 
completed in writing within one month, otherwise such filing shall be conside red legally ineffective."  
60. The Annex is supplemented with a third point, which reads:  
"3. Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on 
Community legislation relating to medicinal products for human use (Special edition of the Official Journal of the European Union, 
chap. 13/vol. 34; OJ L 136, 30 April 2004). .' 
 
Art. IV  
 
Effect 
 
 
This Act takes effect  on January  1, 2008.  
 
The Act No. 495/2008 Coll. of Laws of the Slovak Rep.  took effect on February 1, 2009.  
 
The Act No. 125/2016 Coll. of Laws of the Slovak Rep.  took effect on July 1, 2016.  
 
The Act No. 242/2017 Coll. of Laws of the Slovak Rep.  took effect on January 1, 2018 except Art. III point 16 section 
22(4) and section 23(9), point 53 section 49, which took effect on January 1, 2019.  
 
The Act No. 291/2018 Coll. of Laws of the Slovak Rep.  took effect on January 14, 2019.  
 
The Act No. 55/2023 Coll. of Laws of the Slovak Rep.  took effect on April 1, 2023.  
 
Ivan Gašparovič m . p. 
Pavol Paška m. p. 
Robert Fico m. p. 
 
 
ANNEX  
LIST OF TRANSPOSED LEGAL ACTS OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN UNION  
 
1. Directive 98/44/EC of the European Parliament and the Council of 6 July 1998 on the legal protection of biotechnological 
inventions (Special edition of the Official Journal of the E uropean Union , ch. 13/vol. 20; O fficial Journal of the European 
Communities  L 213, 30.7 .1998).  
2. Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on 
Community legislation relating to medicinal products for human use (Special edition of the Official Journal of the European U nion, 
chap. 13/vol. 34; O fficial Journal of the European Communities  L 136, 30 .4.2004).  
3. Directive 2004/4 8/EC of the European Parliament and of the Council of 29 April 2004 on the enforce ment  of intellectual property 
rights (Special edition of the Official Journal of the European Union, chap. 17/vol. 2, Official Journal of the European Communities  
L 157, 30.4 .2004) . 
 
 
------------------------------------  
1) Patent Cooperation Treaty ( Notice of the Federal Ministry of Foreign Affairs No. 296/1991 Coll. of Laws on the depositing of the deed on the 
accession of the Czech and Slovak Federal Republic to the Patent Cooperation Treaty negotiated  at Washington on June 17, 1970, as amended).  
2) Convention on the Grant of European Patents (European Patent Convention) [(Notice of the Ministry of Foreign Affairs of the S lovak Republic No. 
376/2002 Coll. of Laws of t he Slovak Rep.  on the signing of the Convention on the Grant of European Patents (European Patent Convention) and on 
the conclusion of a Revision of the wording of the Convention on the Grant of European Patents (European Patent Convention)].  
3) Section  59 of the Act No. 435/2001 Coll. of Laws of the Slovak Rep.  on patents, supplementary protection certificates and on alterations of and 
additions to certain laws ( Patent Act). 
4) For example, section  69, 479 and 487 of the Commercial Code, section  460 and 469 of the Civil Code, section  12 to 17 of the Act No. 111/1990 
Coll. of Laws  on the state -owned enterprise, as amended.  
5) Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at  Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Sto ckholm on July 14, 1967 
(Regulations of the Minister of Foreign Affairs No. 64/1975 Coll. of Laws  as amended by Regulations of the Minister of Foreign Affairs No. 81/1985 
Coll. of Laws ). 
6) Agreement establishing the World Trade Organization (Notice of the  Ministry of Foreign Affairs of the Slovak Republic No. 152/2000 Coll. of Laws 
of the Slovak Rep.  on the conclusion of the Agreement establishing the World Trade Organization).  
7) Article 27 of the Convention on International Civil Aviation of December 7, 1944 ( Notice of the Ministry of Foreign Affairs of the Slovak Republic No. 
196/1995 Coll. of Laws of the Slovak Rep.  on the implementation of the notification of the succession of the Slovak Republic to the Convention on 
International Civil Aviation).  
7a) Act No. 307/2016 Coll. of Laws of the Slovak Rep.  on reminder proceedings and on additions to certain  laws.  
8) Section  137 to 142 of the Civil Code.  
8a) Section  151(d)(4) of the Civil Code.  
9) Section  151a to 151m151md and section  552 of the Civil Code.  
9a) For example, section  514 of the Commercial Code.  
10) Section  508 to 515 of the Commercial Code.  
11) Section  442a of the Civil Code.  
11a) Section  25 of the Code of Contentious Civil Procedure.  
11b) Section  206 of the Code of Contentious Civil Procedure.  
12) Section  324 to 345 of the Code of Contentious Civil Procedure.  
12a) Section  328(1) of the Code of Contentious Civil Procedure.  
12b) Section  340 of the Code of Contentious Civil Procedure.  
13) Act of the National Council of the Slovak Republic No. 270/1995 Coll. of Laws of the Slovak Rep.  on the state language of the Slovak Republic, as 
amended.  
13a) Art. 4 of the Paris Convention for the Protection of Industrial Property . 
14) Act No. 435/2001 Coll. of Laws of the Slovak Rep.  as amended, Convention on the Grant of European Patents (European Patent Convention).  
14a) Art. 15(5)(c) first sentence of the Patent Cooperation Treaty . 
14b) Agreement on the V isegrad Patent Institute ( Notice of the Minist ry of Foreign and European Affairs of the Slovak Republic No. 369/2015 Coll. of 
Laws of the Slovak Rep. ). 
14c) section  52 and 113a of the Rules of Execution . 
15) Act No. 71/1967 Coll. of Laws of the Czechoslovak Socialist Rep . on administrative proceedings ( Rules of A dministrative Procedure ) as amended.  
16) Act No. Act No. 586/2003 Coll. of Laws of the Slovak Rep.  on the Bar and on alterations of and additions to the  Act No. 455/1991 Coll. of Laws on 
trade entrepreneurship (Trade Act), as amended, as amended.  
17) Act No. 344/2004 Coll. of Laws of the Slovak Rep.  on patent attorneys, on alterations of Act No. 444/2002 Coll. of Laws of the Slovak Rep.  on 
designs and of Act No. 55/1997 Coll. of Laws of the Slov ak Rep.  on trademarks as amended by Act No. 577/2001 Coll. of Laws of the Slovak Rep.  
and Act No. 14/2004 Coll. of Laws of the Slovak Rep. , as amended.  
17a) Section  3(n) of the Act No. 305/2013 Coll. of Laws of the Slovak Rep.  on the electronic form of the exercise of the powers of public authorities 
and on a lterations of and additions to certain laws (e -Government Act) as amended by Act No. 273/2015 Coll. of Laws of the Slovak Rep.  
18) Act No. 305/2013 Coll. of Laws of the Slovak Rep.  as amended.  
19) Art. 2(2) of the Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic ide ntification and trust 
services for electronic transactions in the internal market and repealing Directive 1999/93/EC (Official Jour nal of the European Union L 257, 
28.8.2014) as amended.  
20) Act of the National Council of the Slovak Republic No. 145/1995 Coll. of Laws of the Slovak Rep.  on administrative fees as amended.